Missouri, Kansas & Texas Railway Co. v. United States
United States Court of Claims
On the defendants’ Demurrer. The Reporters1 statement of the case: The allegations of the' petitions demurred to are sufficiently disclosed in the opinion of the court. This court has jurisdiction of this suit. A judgment and decree for the money value of the land is all that is sued for.
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On the defendants’ Demurrer. The Reporters1 statement of the case: The allegations of the' petitions demurred to are sufficiently disclosed in the opinion of the court. This court has jurisdiction of this suit. A judgment and decree for the money value of the land is all that is sued for. (New York Indians v. United States, 170 U. S., 1; Ohoctaw Nation v. United States, 119 U. S., 1; U. S. v. Great Falls Manufacturing Oo., 112 U. S., 645; U. S. v. Lynah, 188 U. S., 445.) ' ' The United States at the time of the grant owned the paramount and ultimate title to the lands in the Indian Territory,…
1Concurrence
Howey, J.,
delivered the following opinion:
The magnitude of this cause and the importance of the issues raised by demurrer to the plaintiff’s petition of 698 printed pages of allegation and exhibit are causes sufficient to warrant full expression of opinion by any or all responsible for the result. Especially is this so because of the statement' contained in the brief of one of the learned counsel that it had been said that a suit for more than $61,000,000 never had been and never could be carried through, followed by the further declaration that it had been frequently stated that if this were…
2Cases cited52 opinions
- Lone Wolf v. HitchcockSupreme Court of the United States · 1903
- United States v. BehanSupreme Court of the United States · 1884
- Johnson & Graham's Lessee v. McIntoshSupreme Court of the United States · 1823
- United States v. LynahSupreme Court of the United States · 1903
- Fauntleroy v. LumSupreme Court of the United States · 1908
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