Court : US Supreme Court
..... 176 u. s. 321 , 176 u. s. 328 ; water power company v. street railway company, 172 u. s. 488 . the decision by the supreme court of the state that the pawnee reservation lands in nebraska were public lands within the meaning of the twelfth section of the enabling act did not bring into question the validity of that section -- much less was ..... interior to acknowledge that the united states were indebted to the state of nebraska in the sum of five percentum of the proceeds of the sale of the 'pawnee indian reservation' lands made by the united states subsequent to the admission of the state into the union; and, in pursuance of this decision of the secretary of the ..... of the state, there was drawn in question the construction of the statutes of the united states with reference to the lands of the pawnee indian reservation located in the state of nebraska, and the act of congress authorizing the admission of the state of nebraska into the union, passed april, 1864, 13 stat. 47, and that the .....
Tag this Judgment!Court : US Supreme Court
..... conversion as an eminently proper and wholesome one. it is and has for many years been notorious that under the various guises of indian contracts, purchases of timber entries, or cutting timber for railway, mining, or agricultural purposes, the timber lands of the united states are being denuded of all their substantial value by logging concerns ..... to them to determine, that under the contracts between the logging company and bassett & co. respectively, on the one hand, and the indians, on the other, as those contracts had been construed and acted upon by all parties in interest, including the united states, these companies respectively had a good title to all the dead and down timber ..... on the trial, and the charge therefor was properly rejected. to the same effect are gunther v. liverpool &c.; insurance co., 10 f. 830; kelly v. springfield railway co., 83 f. 183, and monahan v. godkin, 100 f. 196. this error, however, does not render it necessary to reverse the judgment of the court below. .....
Tag this Judgment!Court : US Supreme Court
..... was originally made by other parties for a consideration of thirty-two hundred dollars. these parties had conveyed the lands to the ohio creek anthracite coal company, against which company a judgment had been obtained, and a sale made november 10, 1887, to rudolph hoffeld, purchaser under the execution. petitioner was his executrix. several ..... the sum of seventy-five dollars, and on january 10, 1897, hoffeld made application for repayment of the purchase money under the provisions of the above act. the act requires that, where, from any cause, the entry has been erroneously allowed and cannot be confirmed, repayment shall be made of the consideration to the entryman ..... , as the word is more commonly spelled, "assignees," are of two classes, depending upon the manner of their creation: first, voluntary assigns, who are created by act of the parties; and, second, assignees created by operation of law. whether in a given case an assignee belongs to the first or second class depends upon the .....
Tag this Judgment!Court : US Supreme Court
..... for the benefit of the bondholders under the mortgage, up to the amount thereof, and the same notice and requirement were given to and demanded of the mortgagor company. that company made default, and kann refused to take out any such insurance, and denied that he was under any obligation so to do. after kann sold and conveyed the ..... in contracts and conveyances, and thus entrap parties into engagements into which they had no reason to suppose, in the common use of language, they were entering. the act of assembly of june 12, 1878, pamph.l. 205, has very wisely provided that the grantor shall not be personally liable unless he shall expressly assume such liability ..... the same to be done. it shall only be responsible for reasonable diligence in the performance of the trust, and shall not be answerable in any case for the act or default of any agent, attorney, or employee selected with reasonable discretion; it shall be entitled to be reimbursed for all proper outlays of every sort or nature .....
Tag this Judgment!Court : US Supreme Court
..... our consent with and request that john s. duss and gottlieb riethmueller, the present trustees of said society, shall forthwith sell, transfer, and convey to the union company, a corporation duly created and organized under the laws of the state of pennsylvania, all the lands, tenements, and hereditaments situated in the allegheny and beaver counties ..... longer exist. moreover, the transactions by which seventeen members of the society, not old and infirm, but vigorous and capable, were bought out were in themselves acts of liquidation. it is idle to say that these payments were "donations" to withdrawing members. they were purchases in terms and in effect. they were settlements ..... of substitution whenever he may think such revocation called for by the interests of the society." " 5. it is distinctly understood that in accepting and acting under this power the said george rapp disclaims all personal interest, other than that of a member of said society, in the present resources or future .....
Tag this Judgment!Court : US Supreme Court
..... 209. as the arkansas statutes concerning assignments for the benefit of creditors and the statute of frauds were extended and put in force in the indian territory by the act of congress above cited, it becomes material to consider the decisions of the supreme court of that state with reference to the validity of the ..... as interpreted by the supreme court of such state. while the case under consideration arose in the indian territory, the law applicable thereto is determined by the laws of arkansas, which were adopted and extended over the indian territory by the act of congress approved may 2, 1890, 26 stat. 94, 31, which declares that certain general ..... laws of arkansas, "which are not locally inapplicable, or in conflict with this act, or with any law of congress relating to the subjects specially mentioned in this section, are hereby extended over and put in force in the indian territory," among which laws are enumerated assignments for the benefit of creditors and the statute .....
Tag this Judgment!Court : US Supreme Court
..... public land system of the united states, questions of fact are for the consideration and judgment of the land department, and its judgment thereon is final. burfenning v. chicago &c.; railway company, 163 u. s. 321 ; johnson v. drew, 171 u. s. 93 , 171 u. s. 99 ; gardner v. donestell, 180 u. s. 362 . while the analogy ..... aggrieved by any action by the head, or one of the subordinate officials, of that department, which is unauthorized by the statute under which he assumes to act. the acts of all its officers must be justified by some law, and in case an official violates the law to the injury of an individual the courts generally ..... the revised statutes relating to lotteries, and for other purposes, approved september 19, 1900.'" "now therefore by authority vested in him by said act and by the act of congress entitled" "an act for the suppression of lottery traffic through international and interstate commerce and the postal service, subject to the jurisdiction and laws of the united states, .....
Tag this Judgment!Court : US Supreme Court
..... . 162. the cause, on being remanded to the trial court, remained untried in 1880. in that year the legislature of maryland passed an act on the subject of the taxation of the northern central railway company. the title of that act purported to adjust and settle finally by agreement all pending controversies on the subject of taxation between the state of maryland and the ..... 1854, and the pending suits on the subject. the title and preamble are reproduced in the margin. * page 187 u. s. 264 by the first section of the act, it was provided that the northern central railway company "shall have and possess all the powers, rights, privileges, and immunities, and be subject to all the duties and obligations, which are expressed in the .....
Tag this Judgment!Court : US Supreme Court
..... preceding the opinion, delivered through mr. chief justice fuller, in stephens v. cherokee nation, 174 u. s. 445 , it was said: "by the sixteenth section of the indian appropriation act of march 3, 1893, 27 stat. 612, 645, the president was authorized to appoint, by and with the advice and consent of the senate, three commissioners" "to ..... of the interior to execute leases affecting lands owned by the tribe, and referred to the application pending for a lease made by the cherokee oil & gas company, as manifesting but a particular instance in which it was charged that the secretary of the interior might exercise the power conferred by the statute, the corporation named ..... of the laws of the united states by the immediate exercise of its legislative power over them, the customary mode of dealing with the indian tribes was by treaty. as, however, held in cherokee nation v. southern kansas railway co., 135 u. s. 641 , 135 u. s. 653 , reaffirmed in stephens v. cherokee nation, 174 u. s. 445 , .....
Tag this Judgment!Court : US Supreme Court
..... the state of minnesota to his heirs and distributees, naming them, and determining the share of each." "afterwards, and on november 21, 1896, the security trust company filed with the probate court its petition representing that, in drafting such final decree, certain clerical errors were made, stating them, whereby certain parcels of real estate were ..... that effect. and this assumption on which the probate court appears to have acted in our opinion was entirely correct. the order of distribution that was made on april 27, 1896, required certain acts to be done and performed by the trust company in its capacity as administrator, and until they had been done and performed ..... and the court had approved of the administrator's acts in that behalf, it was clearly subject to the orders of the probate .....
Tag this Judgment!