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U.S. Supreme Court

Matter of Eastern Cherokees, 220 U.S. 83 (1911)

ft:Matter of Eastern Cherokees, 220 U.S. 83 (1911)

Matter of Eastern Cherokees

No. 15, Original

Argued February 20, 1911

Decided March 20, 1911

220 U.S. 83


Mandamus to Court of Claims to require it to modify its decree to conform to a decree of this Court and make a distribution per stirpes instead of per capita refused on the ground of laches.

Where the Court of Claims decrees a distribution per capita, parties who feel aggrieved thereby, and claim that the distribution should

Page 220 U. S. 84

be per stirpes in order to conform to the decree of this Court, are not obliged to await the completion of the rolls on which the distribution is to be made. They can apply at once to this Court for mandamus, In re Sandford Fork & Tool Co., 160 U. S. 247, and are chargeable with laches if they wait and permit all the steps to be taken at great expense and the funds disbursed, so that, in case of their success, the government might be required to pay twice, and so held in this case.

The facts, which involve the distribution of a fund between Cherokee Indians pursuant to decrees of this Court and of the Court of Claims, are stated in the opinion.

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