Court : US Supreme Court
Decided on : Jan-01-1844
Porterfield v. Clark - 43 U.S. 76 (1844) U.S. Supreme Court Porterfield v. Clark, 43 U.S. 76 (1844) Porterfield v. Clark 43 U.S. 76 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KENTUCKY Syllabus An Act of the Legislature of Virginia, passed in May, 1779, "establishing a land office and ascertaining the terms and manner of granting waste and unappropriated lands," contained, amongst other exceptions, the following, viz.: Page 43 U. S. 77 no entry or location of land shall be admitted within the country and limits of the Cherokee Indians. The tract of country lying on the west of the Tennessee River was not then the country of the Cherokee Indians, and, of course, not within the exception. A title may be tried in Virginia, Kentucky, and Tennessee as effectually upon a caveat as in any other mode, and the parties, as also those claiming under them, are estopped by the decision. The boundaries of the Cherokees, as fixed by treaties, historically exa...
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Decided on : Jan-01-1844
Stoddard v. Chambers - 43 U.S. 284 (1844) U.S. Supreme Court Stoddard v. Chambers, 43 U.S. 2 How. 284 284 (1844) Stoddard v. Chambers 43 U.S. (2 How.) 284 ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF MISSOURI Syllabus A deed of land in Missouri, in 1804, attested by two witnesses, purporting to have been executed in the presence of a syndic, presented to the commissioners of united states in 1811 and again brought forward as the foundation of a claim before the commissioners in 1835, must be considered as evidence for a jury. If it was not objected to in the court below, it cannot be in this Court. A confirmation under the act of 1836 to the original claimant and his legal representatives enured, by way of estoppel, to his assignee. Page 43 U. S. 285 To bring a case within the second section of the act of 1836, so as to avoid a confirmation, the opposing location must be shown to have been made "under a law of the United States." The holder of a New...
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Decided on : Jan-01-1844
Ladiga v. Roland - 43 U.S. 581 (1844) U.S. Supreme Court Ladiga v. Roland, 43 U.S. 2 How. 581 581 (1844) Ladiga v. Roland 43 U.S. (2 How.) 581 ERROR TO THE SUPREME COURT OF THE STATE OF ALABAMA Syllabus By a treaty made between the United States and the Creek tribe of Indians, east of the Mississippi River, on 24 March, 1832, it was stipulated. 1. That ninety principal chiefs of the tribe should be allowed to select one section each. Page 43 U. S. 582 2. That every other head of a Creek family should be allowed to select one-half-section each, and that these tracts should be reserved from sale, for their use, for the term of five years, unless sooner disposed of by them. 3. That twenty selections should be made, under the direction of the President, for the orphan children of the Creeks, and divided and retained or sold for their benefit as the President should direct. In making the selections for the orphan children, the President had no authority under the treaty to cho...
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