FLEMING V. MCCURTAIN, 215 U. S. 56 (1909)

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U.S. Supreme Court

Fleming v. McCurtain, 215 U.S. 56 (1909)

Fleming v. McCurtain

No. 263

Argued October 20, 21, 1909

Decided November 8, 1909

215 U.S. 56


The grant in letters patent, issued in pursuance of the Treaty of Dancing Rabbit Creek of September 27, 1830, 7 Stat. 333, conveying the tract described to the Choctaw Indians in fee simple to them and their descendants to inure to them while they should exist as a nation and live thereon, was a grant to the Choctaw Nation, to be administered by it as such; it did not create a trust for the individuals then comprising the nation and their respective descendants in whom as tenants in common the legal title would merge with the equitable title on dissolution of the nation.

The facts are stated in the opinion.

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