Sully v. United States

Citations

• 195 F. 113
• 1912 U.S. App. LEXIS 1354

Syllabus

<p>1. Indians (§ 13*)—Allotment—Actions—Jurisdiction.</p> <p>Act Feb. 6, 1901, e. 217. 31 Stat. 700, authorizing all persons in whole or in part o£ Indian blood entitled to an allotment of land to prosecute any action in the proper Circuit Court of the United States to determine their rights to any allotment raider any law or treaty, gives relief to persons in part of Indian Wood who claim to be entitled to an allotment and who claim to have been denied therefrom unlawfully under any law or treaty.</p> <p>[Ed. Note.—For other cases, see Indians, Cent. Dig. § 30; Dec. Dig. § 13.*</p> <p>Citizenship as affecting jurisdiction of federal courts, see note to Mason v. Dullagham, 27 C. G. A. 29S.J</p> <p>2. Indians (§ 13*)—Allotment—Actions—Jurisdiction.</p> <p>Where the failure of persons of Indian Wood to bo enrolled and allotted land under any law or treaty was due solely to the misconduct of an officer of the United States, equity had jurisdiction to grant relief to such persons under Act Feb. 6, 1901. e. 217, 31 Stat. 760, authorizing actions to determine the right to allotment of land under any law or treaty.</p> <p>[Ed. Note.—For other casos, see Indians, Cent. Dig. § 30; Dec. Dig. § 13.*]</p> <p>3. Indians (§ 13*)—Allotment—Dicksons Entitled to.</p> <p>The test of the right of persons of Indian blood to be enrolled and share in land is fixed by Indian Treaty April 29. 1868, 15 Stat. 635, setting apart territory to Indians of the Sioux Nation and such other friendly tribes or individual Indians as the Nation may be willing to admit, depends on the existence of membership in the Nation, in the absence of any statute intrusting to any governmental official the power to enter names on the rolls of the Nation or to strike names from the rolls.</p> <p>[Ed. Note.—For other cases, sec Indians, Cent. Dig. § 30; Dec. Dig. § 13.*]</p> <p>4. Indians (§ 13*)—Allotment—Persons Entitled to—“Receiving Rations and Annuities.”</p> <p>An Indian woman of the half-blood was horn on the