Eli Ayres and Thomas Niles, Complainants On v. Hiram Carver, Joseph Matthews, James Brown, Jacob Thompson, John Jones, William Duke, and John Bradford

Decision Date01 December 1854
Docket NumberAPPELLANTS,CROSS-BIL
Citation17 How. 591,15 L.Ed. 179,58 U.S. 591
PartiesELI AYRES AND THOMAS N. NILES, COMPLAINANTS ON , v. HIRAM CARVER, JOSEPH W. MATTHEWS, JAMES BROWN, JACOB THOMPSON, JOHN P. JONES, WILLIAM H. DUKE, AND JOHN D. BRADFORD
CourtU.S. Supreme Court

58 U.S. 591
17 How. 591
15 L.Ed. 179
ELI AYRES AND THOMAS N. NILES, COMPLAINANTS ON
CROSS-BILL, APPELLANTS,
v.
HIRAM CARVER, JOSEPH W. MATTHEWS, JAMES BROWN, JACOB
THOMPSON, JOHN P. JONES, WILLIAM H. DUKE, AND
JOHN D. BRADFORD.
December Term, 1854

THIS was an appeal from the district court of the United States for the northern district of Mississippi.

The facts are stated in the opinion of the court.

Page 592

It was argued by Mr. Adams for the appellants, and by Mr. Cushing, for the appellees.

Mr. Justice NELSON delivered the opinion of the court.

This is an appeal from a decree of the district court of the United States for the northern district of Mississippi.

A bill was filed by Hiram Carver, of the State of Alabama, against Joseph W. Matthews, of Mississippi, and some two hundred others, part of them residents of this State, part of Tennessee, but most of them without any residence mentioned, setting forth the treaty made with the Chickasaw tribe of Indians, at Pontotoc Creek, in 1832, confirmed in 1833, by which said tribe ceded to the government all their lands east of the Mississippi River; and also a treaty with the same tribe, 24th May, 1834, confirmed 1st July, the same year, modifying the provisions of the first one; which treaties provided for certain reservations of land to be granted in fee to the heads of Indian families; and for the survey and sale of the residue, as in the case of other public lands, with this difference: that the lands remaming undisposed of at public sale, should be liable to private entry, at one dollar and twenty-five cents per acre for the first year thereafter; at one dollar the second; at fifty cents the third; at twenty-five cents the fourth, and thereafter at twelve and a half cents per acre.

The bill further states, that down to January, 1843, there remained subject to private entry, at twelve and a half cents per acre, several tracts of land particularly set forth in a schedule annexed; and that on that day the complainant offered to purchase, at the land-office, all the lands described in the aforesaid schedule, at the price of twelve and a half cents per acre; and, for this purpose, made an application to A. J. Edmondson, the register of said land-office, but that the said register illegally refused to permit him to make the said purchase; that he also tendered to J. F. Wray, the receiver, the amount of the purchasemoney for the tracts he had thus applied to enter, but that he refused to receive the money or issue the proper certificates.

Page 593

The complainant further states, that since his application, as...

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57 cases
  • Bendix Aviation Corp. v. Glass
    • United States
    • U.S. Court of Appeals — Third Circuit
    • 19 d2 Fevereiro d2 1952
    ... ... John P. Glass, * * *." ...         The court ... 207, 10 S.Ct. 56, 33 L.Ed. 339; Ayres v. Carver, 1854, 17 How. 591, 15 L.Ed. 179. And ... ...
  • Richardson v. Kelly
    • United States
    • Texas Supreme Court
    • 29 d6 Dezembro d6 1945
    ... ...         Samuels, Brown, Herman & Scott and John M. Scott, all of Fort ... entered a final decree dismissing complainants' bill for want of equity, which was not appealed ...         In the case of Ayres v. Carver, 17 How. 591, 594, 15 L.Ed. 179, the ... ...
  • Young v. Vail
    • United States
    • New Mexico Supreme Court
    • 7 d1 Janeiro d1 1924
    ... ...         Suit by John F. Vail against C. A. Young and W. C. Ferguson, ... In the case of Ayres v. Carver, 17 How. 591, 15 L. Ed. 179, the ... rights, and the defendants, cross-complainants, are fully protected from the risk under which ... Bonesteel, 28 Wis. 245; Draper v. Brown, 115 Wis. 361, 91 N. W. 1001; Anderson v. War ... 671; Olson v. Thompson, 6 Okl. 74, 48 Pac. 184.         So, in ... Duke, 36 Miss. 60, 72 Am. Dec. 157, decided in 1858 ... consideration, save only in the case of Jones v. Conde, 6 Johns. Ch. (N. Y. 1822) 77, where it ... ...
  • California Consolidated Mining Co. v. Manley
    • United States
    • Idaho Supreme Court
    • 8 d1 Maio d1 1905
    ... ... Woods and H. S. Gregory, for Appellants. John P. Gray and J ... H. Forney, of Counsel ... v. Winthrop, 1 Johns. Ch. 329; Jones v. Jones, ... 6 Conn. 111, 16 Am. Dec. 35.) An ... Wall. 299, 18 L.Ed. 786; Thompson v. Baker, 141 U.S ... 648, 12 S.Ct. 89, 35 ... Livestock Co., 18 Wash. 71, 50 P. 569; Thomas v ... Mitchell, 27 Wis. 414; 1 Spelling on ... Ritchie, 57 F ... 104; Ayres v. Carver, 17 How. (U. S.) 591, 15 L.Ed ... court." Morrow v. Matthews, ante, p. 423, 79 P ... 196-200; Kendrick ... , standing on the records in the name of Joseph P ... Keane. Such proceedings were thereafter ... ; [10 Idaho 799] the deed was forwarded to James ... Viles, room 809, 150 La Salle St., Chicago, ... ...
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1 books & journal articles
  • An historical analysis of the binding effect of class suits.
    • United States
    • University of Pennsylvania Law Review Vol. 146 No. 6, August 1998
    • 1 d6 Agosto d6 1998
    ...for the whole." 226 U.S. 649, 659 (1912). (236) STORY, supra note 74, at 120. (237) Swormstedt, 57 U.S. at 302, 16 How. at 322. (238) 58 U.S. 591, 17 How. 620 (239) See id. at 592 ("The complaint then prays ... that the several entries and purchases made by the defendants be set aside....")......

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