United States Supreme Court Cases & Opinions

U.S. Supreme Court

Ross v. Day, 232 U.S. 110 (1914)

Ross v. Day

No. 122

Argued December 11, 1913

Decided January 5, 1914

232 U.S. 110

Syllabus

Whether parties had actually improved Cherokee lands in such sense as to give them a preferential right of selection and allotment under § 11 of the Act of July 1, 1902, c. 1375, 32 Stat. 716, is not a mere question of law, but one of fact and law, and, so far as it involves the drawing of correct inferences from the evidence, it is a question of fact.

Where, in such a case, the whole controversy depends upon whether the allotment was in accord with actual ownership of the improvements

Page 232 U. S. 111

thereon and there is neither fraud nor clear mistake of law in the decision of the Secretary of the Interior on final appeal to him, his finding are conclusive.

29 Okl. 181 affirmed.

The facts, which involve the title to certain lands allotted under the Cherokee Indian Allotment Act of July 1, 1902, are stated in the opinion.

Page 232 U. S. 112