Wilson v. Morton’s Empirical Analysis

Citation profile

13 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““That the adult heirs of any deceased Indian of either of the Five Oivilized Tribes whose selection has been made, or to whom a deed or patent has been issued for his or her share of the land of the tribe to* which he or' she belongs or belonged, may sell and convey the lands inherited from such decedent; and if there be both adult and minor heirs of such decedent, then such minors may join in a sale of such lands by a guardian duly appointed by the proper United States court for the Indian Territory. And in case of the organization of a state or territory, then by a proper court of the county in which said minor or minors may reside or in which said real estate is situated, upon an order of such court made upon petition filed by guardian. All conveyances made under this provision by heirs who are full-blood Indians are to -be subject to the approval of the Secretary of the Interior, under such rules and regulations as he may prescribe.””

   1 later decision quote this exact passage
   e.g. Talley v. Burgess

2. ““There can be no doubt as to what Indian minors may, under its provisions, sell their inherited lands, or when they can sell. As to how the sale shall be made, the act provides that it shall be by the guardian, duly appointed, upon order of the court, and that the order of court shall be made upon petition filed by the guardian. The procedure prescribed by the act itself seems to us complete.””

   1 later decision quote this exact passage
   e.g. Talley v. Burgess

3. ““The power of (the minor heir to sell is not made dependent upon whether he is a full-blood Indian or less than a full-blood, nor dependent upon his age, nor upon whether a sale of his land is necessary to his education and support, or to be made for the purpose of investment. His authority to sell by his guardian is made dependent upon |the existence of an adult heir. * * *””

   1 later decision quote this exact passage
   e.g. White v. Sallee