United States Supreme Court Cases & Opinions

U.S. Supreme Court

Mackey v. Coxe, 59 U.S. 18 How. 100 100 (1885)

Mackey v. Coxe

59 U.S. (18 How.) 100

Syllabus

Administrators upon an estate who were appointed in the Cherokee nation had a right to maintain a suit or prosecute a claim for money in the District of Columbia, and a payment to a person acting under a power of attorney from them would have been valid.

But where this person, instead of receiving the money under his power of attorney, took out letters of administration in the District of Columbia, and then signed a receipt as attorney for money paid by himself as administrator to himself as attorney for the Cherokee administrators, this receipt is good, and the surety upon his administration bond is not responsible to the Cherokee heirs.

The Cherokee nation are so far under the protection of the laws of the United States, that they may be considered, for the purposes above named, as a state or territory of the United States.

The case is stated in the opinion of the Court.