Judgment Search Results Home > Cases Phrase: indian short titles act 1897 Sorted by: old Page 3 of about 38,339 results (0.112 seconds)

Chaves Vs. United States

Court : US Supreme Court

..... , from the expiration of said term, to sell the same, and freely to dispose of them at their will, as their own property," but confirmation after the four years had elapsed was required in completion of the legal title, and it was further provided that it should "not be lawful to give or distribute lands in a settlement to such persons as already possess some in another settlement, unless they shall leave their former residence and remove themselves ..... the twenty petitioners, including the garcias, were placed in possession, and each received 300 varas of land, leaving the remainder to be held in common; that the certificate of armental of 1798 was probably signed before the act of juridical possession, and reasonably bore the construction that the petitioners had agreed, in pursuance of an original understanding that a colony of twenty persons should be formed, of which the two garcias should be members, to settle in ..... the 2,100 varas were surplus lands, so far as the indians were concerned, and vacant in the sense that the indians had no title to them, yet nevertheless the interpreters may have been in occupation thereon as outlying indian lands, and, upon the surplus being ascertained, may have asserted a superior right to what they were there cultivating, and demanded that that be conceded in the distribution under the new ..... survey shows that distance to have been something short of 3,400 varas. ..... october 12, 1897 decided november 15, 1897 168 u.s. ..... 177 (1897) chaves ..... (1897) .....

Stephens Vs. Cherokee Nation

Court : US Supreme Court

..... "to enter into negotiations with the cherokee nation, choctaw nation, chickasaw nation, the muscogee (or creek) nation, the seminole nation, for the purpose of the extinguishment of the national or tribal title to any lands within that territory now held by any and all of such nations or tribes, either by cession of the same or some part thereof to the united states, or by the ..... allotment and division of the same in severalty among the indians of such nations or tribes, respectively, as may be entitled to the same, or by such other method as may be agreed upon between the several nations and tribes aforesaid, or each of them, with ..... constitute a court of appeals, to be presided over by the judge oldest in commission as chief justice of said court, and said court shall have such jurisdiction and powers in said indian territory and such general superintending control over the courts thereof as is conferred upon the supreme court of arkansas over the courts thereof by the laws of said state, as provided by chapter ..... " by this act of june 7, 1897, it was also provided: "that the commission appointed to negotiate with the five civilized tribes in the indian territory shall examine and report to congress whether the mississippi choctaws under their treaties are not entitled to all the rights of choctaw citizenship ..... but that falls far short of saying that they are .....

Jones Vs. Meehan

Court : US Supreme Court

..... was given, and perhaps in consequence thereof, congress, in framing a new act regulating trade and intercourse with the indian tribes, omitted the prohibition, contained in former statutes, of purchases or leases from "any indian," and put the provision invalidating indian conveyances in this altered form: "no purchase, grant, lease, or other conveyance of lands, or of any title or claim thereto, from any indian nation or tribe of indians, shall be of any validity in law or equity unless the same be ..... supplemental brief of the defendant, expressing the views entertained in his office at sundry times as to the effect of a reservation in an indian treaty to particular indians without words of present grant, or of inheritance, were for the most part written before the subject had been considered by this court, and they fall far short of establishing such a uniform practical construction of the term by the executive departments as would warrant the court in overruling its own opinions ..... the plaintiffs accepted the lease and paid the rent according to its terms, and in 1892 they erected a large saw mill on the bank of thief river, a short distance below the strip leased, and entered upon this strip, drove piles and strung booms in the river opposite, and stored logs there, and thenceforth used the strip ..... stevens (1870), a deed made by one of those half-breeds, shortly after the passage of that act, without the authority or assent of the secretary of the interior, was adjudged by this .....

Promotho Nath Mitter and anr. Vs. Kali Prasanna Chowdhry and ors.

Court : Kolkata

Reported in : (1901)ILR28Cal744

..... a sale held under regulation viii of 1819; second, whether the fact of the lease being a putni lease prevents the application of clause (d) of section 111 of the transfer of property act to this case; and third, whether the defendants, appellants, asserted their putni interest after their purchase of the putni, and whether, if they did so, that would prevent the operation of clause (d) of section ..... i only wish to add a few words upon three of the points that have been raised in the argument before us, namely, first, whether clause (d) of section 2 of the transfer of property act prevents the application of clause (d) of section 111 of that act to this case by reason of the transfer by which the interest of the lessee, the putnidar, became vested in the lessor, having been a transfer by order of a court, that is ..... in sup port of the contention that a putni lease is outside the scope of clause (a) of section 111 of the transfer of property act, one of these being that a putni lease is a lease for agricultural purposes, within the meaning of section 117 of that act, and the other being that according to what for want of a better name may be called the common law of the country, it ..... defence, in short, of the present appellants is, that the putni leases have determined, inasmuch as by the purchase by their predecessors in title of the putni ..... law upon a particular subject: in effect introducing the principles of the english law of merger, into the system of indian law. .....

Ratnamasari Vs. Akilandammal and ors.

Court : Chennai

Reported in : (1903)13MLJ27

..... r 13 indap 84 in which it was held that a suit to recover possession of immoveable property from a person who was in possession claiming title as an adopted son is in the ordinary language of indian lawyers a suit to ' set aside adoption' within the meaning of article 129 of the limitation act ix of 1871, and that such a suit was therefore barred by the law of limitation, the same having been instituted more than 12 years after the date of the adoption notwithstanding that the suit ..... the facts admitted or found or that one arunachala asari, who was the owner of the bungalow for the recovery of which this suit is brought, died in june 1885, leaving him surviving a widow, whom, shortly before his death, he authorized by word of mouth to adopt as his son the plaintiff, his daughters' son, and that in may 1886 the plaintiff was duly adopted by the widow of arunachala asari. ..... the rights of the plaintiff as adopted son were interfered within 1889 and this suit was not brought till 1897 in the plaint the plaintiff prays for a declaration that he is the adopted son of arunachala asari and also for the recovery of certain properties which he claims to be entitled to as such adopted son. ..... the present suit was instituted on the 4th may 1897 for recovery of possession of the bungalow and was dismissed by the subordinate judge as barred by the law of limitation under article 119 of schedule ii to act xv of 1877. .....

Narayana Row Vs. Dharmachar

Court : Chennai

Reported in : (1903)13MLJ146

..... in not applying that law to the facts of that case, held that the widows of a deceased hindu had a possessory title or interest in his estate notwithstanding that a preferable title might exist in others through the deceased devisee of their husband, and that the estate being jointly held by the widows though for a time short of the statutory period after the death of the devisee was partible between the widows and that either widow ..... in our opinion, section 9 of the specific relief act, corresponding to section 15 of act xiv of 1859, is in no way inconsistent with the position that as against a wrong-doer prior possession of the plaintiff in an action of ejectment is sufficient title even if the suit be brought more than 6 months after the act of dispossession complained of and that the wrongdoer cannot successfully resist the suit by showing that the title and right to possession are in a third person. ..... the rule of english law that possession is good title against all but the true owner was adopted and enforced by the judicial committee of the privy council in two indian cases sunder v. ..... a plea of jus tertii is no defence unless the defendant can show that the act complained of was done by the authority of the true owner graham v. ..... since 1888, it must be presumed that he was the owner thereof, and that if he had held such possession on behalf of and as agent for the plaintiff, the plaintiff must be presumed to be the owner (section 110 of the indian evidence act). .....

Cherokee Nation Vs. Hitchcock

Court : US Supreme Court

..... to be prescribed by the secretary of the interior, and preference shall be given to such parties in renewals of such leases: and provided further, that when, under the customs and laws heretofore existing and prevailing in the indian territory, leases have been made of different groups or parcels of oil, coal, asphalt, or other mineral deposits, and possession has been taken thereunder and improvements made for the development of such oil, coal, asphalt ..... of the senate, three commissioners" "to enter into negotiations with the cherokee nation, choctaw nation, chickasaw nation, the muscogee (or creek) nation, the seminole nation, for the purpose of the extinguishment of the national or tribal title to any lands within that territory now held by any and all such nations or tribes, either by cession of the same or some part thereof to the united states, or by the allotment and division of the same in ..... it was claimed in the bill that, by virtue of certain treaties and a patent based thereon, the cherokee nation was vested with a fee simple title to its tribal lands in the indian territory, and it was also averred that, by a treaty executed in 1835, there was secured to the nation the right, by its national council, to make and carry into effect all such laws as the cherokees might ..... " it was observed of this declaration that it fell "far short of saying that they are a sovereign state, with no superior within the limits of its territory ..... a provision in the act of june 7, 1897, 30 stat. .....

Juggernath Augurwallah Vs. E.A. Smith

Court : Kolkata

Reported in : (1907)ILR34Cal173

..... the defendant bank claims the protection of section 178 of the indian contract act, which runs as follows: 'a person, who is in possession of any goods, or of any bill of lading, dock-warrant, warehouse-keeper's certificate, wharfinger's certificate or warrant or order for delivery, or any other document of title to goods, may make a valid pledge of such goods, or documents: provided that the pawnee acts in good faith, and under circumstances, which are not such ..... as to raise a reasonable presumption that the pawnor is acting improperly: provided also that such goods or documents have not been obtained from their lawful owner or ..... ' the goods therefore must be taken to have been ascertained and under the conjoint operation of the sections of the indian contract act, to which i have referred, the sale must be taken to have been complete, and that involved the transfer of the ownership of ..... learned judge says: 'the selection of the goods by one party and the adoption of that act by the other converts that which before was a mere agreement to sell into an actual sale and ..... insolvent very shortly after the 7th of december, have not defended the suit, but the bank has, and they claim that they have a better title to the .....

United States Vs. Paine Lumber Co.

Court : US Supreme Court

..... 467 i n error to the circuit court of the united states for the eastern district of wisconsin syllabus the title of indians to land belonging to the tribe is more than the right of mere occupation, and although the actual title may be in the united states, it is held in trust for the indian and the restraint on alienation should not be exaggerated. ..... " "that, at the time of the cutting of the timber in question, the said thomas gardner was living upon his said allotment; that shortly thereafter his wife died, and that he has not since lived thereon except at intervals of two or three months at page 206 u. s. ..... " "that, long prior to the commencement of this action and long prior to the acts alleged in the complaint, the head men or council of the stockbridge and munsee indians, claiming authority so to do under the treaties and arrangements with the united states, allotted to one thomas gardner the east half of the northwest quarter of section thirty-five (35), township twenty-eight (28), range fourteen(14) east, of ..... " it is contended that davids is not within the act of 1893, and "that his title is only such as can be read out of the treaty of 1856 and the act of 1871. ..... 472 and another act should be mentioned, as it has induced a concession by the plaintiff of the right of gardner to cut the timber upon his allotment. ..... 663) and the act of congress of 1871 (16 stat. ..... 663, and the act of february 6, 1871, 16 stat. ..... it is provided by the act of march 3, 1893 (27 stat. .....

Girija Sundar Chuckerbutty Vs. Emperor

Court : Kolkata

Reported in : (1909)ILR36Cal405

..... need we stop at omichand are there not traitors in the land to-day, who would sell their souls as readily for the paltry privilege of wearing a jewelled sabre, or for a ribbon to stick in their coat, or for a title to cover their base birth with for it is in the blood of some of our countrymen, this accursed proneness to perfidy, and has been there ever since the loss of our independence, and heaven alone knows when ..... the word itself is familiar enough, and as it has not been specifically defined in this act or in any other act of the indian legislature to have a special or restricted meaning, i think it should be understood in its ordinary ..... argument on this, the only point in the case, divides itself into two heads: first, the meaning of the word 'incitement,' which is not defined in any indian statute, and, secondly, the effect of the article itself read as a whole and in reference to the passages in it, which are found to constitute an incitement.7. ..... glorification of the votary of the cause 'who has willingly sacrificed his life to visit on its betrayer his merited doom' is obviously most calculated to act upon the misguided and unbalanced ardour of youth, who are ready to plunge into hopeless and futile rebellion under the mistaken notion that it is patriotism.16. ..... joychand to omichand is a far cry, but the political history of our country for all those long centuries of indelible shame can be summarized and accounted for in the four short words--' traitor in the camp. .....