Bem-Way-Bin-Ness v. Eshelby
Supreme Court of Minnesota
Action of ejectment in the district court for Red Lake county by plaintiffs Bem-way-bin-ness and others, tribal Indians, against Ezra Eshelby and others, defendants. The case being at issue, an alternative writ of prohibition was issued out of the supreme court on the petition of defendants, restraining plaintiffs and Hon. William Watts, judge of said district court, from further proceeding in the .action, also an order to show cause why the writ should not be made absolute.
1Opinion of the Court
START, O. J.
Tbe United States, by article 9 of a treaty made October 2, 1863 (13 Stat. 669), between it and tbe Red Lake and Pembina bands of Chippewa Indians, set apart from the tract thereby ceded a reservation of six hundred forty acres near the mouth of Thief river for the chief Moose Dung. The land ceded was a large tract of country to the west of Thief river, including all of the valley of the Red River of the North in Minnesota and the then territory of Dakota. Moose Dung selected his land at the mouth of Thief river, and thereafter made his home thereon until his death in 1872, which…
2Cases cited15 opinions
- Worcester v. GeorgiaSupreme Court of the United States · 1832
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- United States v. KagamaSupreme Court of the United States · 1886
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- Felix v. PatrickSupreme Court of the United States · 1892
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3Cited by18 opinions
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- Bonnet v. SeekinsMontana Supreme Court · 1952
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- Begay v. SawtelleArizona Supreme Court · 1939
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