Bunch v. Cole’s Empirical Analysis

Citation profile

17 federal appellate · 6 district · 12 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This was an action by an Indian allottee to recover for a wrongful occupancy and use of his land. “The plaintiff was an adult Cherokee Indian of the full-blood, enrolled and recognized as a member of the tribe and still a ward of the United States. The land was an 80-aere tract which had been allotted to him in the division of the tribal lands, 40 acres as a homestead and the remainder as-surplus land. He had full title, but his power to alien or lease was subject to restrictions imposed by Congress for bis protection. By three successive instruments, each given for a cash rental of $75, be leased tbe land, both homestead and surplus, to tbe defendants for agricultural purposes. The first lease was given late in 1915 for a term of one year, beginning January 1, 1910; tbe second was given early in July, 1916, for a term of one year, beginning January 1, 1917; and the third was given late in July, 1917, for a term of one year, beginning January 1, 1918. The defendants went into possession under the leases, and in 1917 and 1918, sublet the land to others. From the subletting, the defendants realized $890.40 in 1917, and $384.35 in 1918, these sums representing the actual rental value on a crop-sharing basis in those years. * * * * “An examination of the several enactments by which Congress has restricted the leasing of Cherokee allotments for agricultural purposes discloses that when the leases in question were given, the situation was as follows: “1. An adult allottee of the f”

   3 later decisions quote this exact passage · from the majority
   e.g. Sperry Oil & Gas Co. v. Chisholm · Nemecek v. Gates

2. ““These leases were made in violation of a congressional nrohibition. They were not merely voidable at the election of the allot-tee, but absolutely void and not susceptible of ratification by him. Nothing passed under them, and none of their provisions could be taken as a standard by which to measure the compensation to which the allottee was entitled for the unauthorized occupancy and use of his land.””

   1 later decision quote this exact passage · from the majority
   e.g. Harley v. McCasland

3. “The power of Congress to impose restrictions on the right of Indian wards of the United States to alien or lease lands allotted to them in the division of the lands of their tribe is beyond question; and of course it is not competent for a State to enact or give effect to- a local statute which disregards those restrictions or thwarts their purpose.”

   1 later decision quote this exact passage · from the majority
   e.g. Sperry Oil & Gas Co. v. Chisholm