Guyett v. McWhirk

United States Circuit Court for the District of Oregon

Decided October 20, 1904.)

United States Circuit Court for the District of Oregon · decided 1904-10-20

<p>In Equity.</p> <p>Suit by Indian to recover lands alleged to have been wrongfully allotted.</p>

2 counsel of record

Relies on Smith v. Bonifer

Decided 1904-10-20

¶1In Equity.

¶2Suit by Indian to recover lands alleged to have been wrongfully allotted.

¶3On demurrer to bill. R. J. Slater and J. T. Hinkle, for plaintiff.

¶4John H. Hall, U. S. Atty., and T. G. Hailey, for defendants.

¶5BELLINGER, District Judge.

¶6In this case the complainant’s mother, Louisa 'Morrisette, being ah Indian entitled to allotment of lands upon, the *1023Umatilla reservation, selected the lands in question, the same being then in her possession; but said lands were wrongfully allotted to the defendant McWhirk. Louisa Morrisette subsequently died, and the complainant brings this suit as her heir at law. The case is within the rule laid down in the case of Philomme Smith v. Bonifer, 132 Fed. 889. The demurrer is overruled.