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COY V. MASON, 58 U. S. 580 (1854)

U.S. Supreme Court

Coy v. Mason, 58 U.S. 17 How. 580 580 (1854)

Coy v. Mason

58 U.S. (17 How.) 580


In 1824, the United States made a treaty with the Sac and Fox Indians in which there was a reservation of a certain tract of land for the use of the half-breeds, who were to hold it by the same title, and in the same manner, that other Indian titles were held.

In 1834, Congress relinquished all the right and title of the United States to the above land, and vested the title in the half-breeds, who, at the passage of the act, under the Indian title, had a right to the same.

In 1840, proceedings were commenced in the District Court of Lee County, Iowa, for a partition of the tract among the respective owners.

In 1841, the land was divided into one hundred and one shares, there being that number of original half-breeds who were entitled to shares.

The complainants represented that their grantor was entitled to one and two thirds shares; that he resided in Wisconsin, and had no notice of the partition; that his shares were allotted to another person, and that the proceedings ought to be set aside as fraudulent.

The record of the proceedings in partition was, by agreement of parties, made evidence before this Court; but, not being produced, it is impossible to decide whether or not the charge of fraud is sustained. Moreover, all the parties interested are not before the court; nor is it made out that the shares claimed were allotted to the alleged persons.

The facts in the case are fully stated in the opinion of the Court.

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