Myrick v. Thompson
99 U.S. 291 (1878)

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U.S. Supreme Court

Myrick v. Thompson, 99 U.S. 291 (1878)

Myrick v. Thompson

99 U.S. 291

Syllabus

By the ninth article of the Treaty of Prairie du Chien, proclaimed Feb. 24, 1831, 7 Stat. 330, a certain tract of country in the then Territory of Minnesota was reserved for Sioux half-breeds, "they holding by the same title and in the same manner that other Indian titles are held." By the Act of July 17, 184, 10 id. 304, the President, upon their relinquishment of all their rights and interest in the tract so reserved, was authorized to cause to be issued

"certificates or scrip for the same amount of land to which each individual would be entitled in case of a division of the said grant or reservation pro rata among the claimants, which said certificates or scrip may be located upon any of the lands within said reservation not now occupied by actual and hones fide settlers of the half-breeds or mixed bloods or such other persons as have gone into said territory by authority of law or upon any other unoccupied lands subject to preemption or private sale, or upon any other unsurveyed lands not reserved by government, upon which they have respectively made improvements, provided that no transfer or conveyance of any of said certificates or scrip shall be valid."

A. made a contract whereby, for a valuable consideration, he bound himself to secure, upon the location of certain of said certificates, title to the land thereby located to be lawfully vested in B.

Held:

1. That the contract is not in violation of said treaty or said act.

2. That the certificates may be located lawfully not only on unoccupied lands, but upon such as are occupied, provided that the occupants thereof waive the provision for their benefit and consent to such location.

3. That the words "upon which they have respectively made improvements" have exclusive reference to "other unsurveyed lands," and do not qualify the provision touching "other unoccupied lands."

The facts are stated in the opinion of the Court.

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