Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 43

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 43

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...only because the Act of August 1 5, I894, placed the exclusive jurisdiction of such controversies in the circuit courts. The Act of June 25, 1910, completely took away such jurisdiction and placed it in the Secretary of the Interior, where it was prior to I894. It seems to be conceded by Justice Gates that the Act of June 25, 1910, took the jurisdiction to determine conflicting heirship to allotments entirely out of the federal courts, where it had been placed by the said act of 1894, and again reinvested the Secretary of State with such jurisdiction. The reason for the rule established by the Kalyton Case then ceased to exist, and we are again back to where we were before the act of 1894. The precise question involved is this: Has an Indian a right to maintain a suit as a plaintiff in the state courts to obtain remedial redress under the circumstances of this case? It is conceded that an imposter who was not an heir, by fraudulently claiming to be an adult heir, succeeded in having the Secretary of the Interior approve a deed made by him, the said imposter, to a third party without the knowledge or consent of-Mary Highrock, the true heir.-She is seeking redress in the state court against a conceded wrongdoer. It is purely and only a remedy that she is seeking in the courts of this state. Her substantive right under the federal law is-admitted. It is true that her substantive right, which she claims has-been invaded, and which is the basis of her right to remedy, is based solely on federal laws. That is the situation of any one relying on a patent from the government as the source of his title. As the heir of the deceased allottee she has an-equitable interest in the land in question sufficient to authorize her to maintain this suit....show more

Product details

  • Paperback | 272 pages
  • 189 x 246 x 14mm | 490g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236848551
  • 9781236848550