LOMAX v. PICKERING

No. 123.

173 U.S. 26 (1899)

LOMAX v. PICKERING.

Supreme Court of United States.

Decided February 20, 1899.


Attorney(s) appearing for the Case

Mr. John M.H. Burgett for plaintiff in error. Mr. James Maher and Mr. A.W. Browne were on his brief.

Mr. John P. Ahrens for defendant in error.


MR. JUSTICE BROWN, after making the above statement, delivered the opinion of the court.

The common source of title in this case was Alexander Robinson, an Indian, to whom the lands were patented by President Tyler, December 28, 1843, under the provisions of Art. IV of the treaty of Prairie du Chien, 7 Stat. 320, subject to the following proviso: "But never to be leased or conveyed by him," (the grantee,) "them, his or their...

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