BARNETT V. KUNKEL, 264 U. S. 16 (1924)

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U.S. Supreme Court

Barnett v. Kunkel, 264 U.S. 16 (1924)

Barnett v. Kunkel

No. 134

Argued January 4, 1924

Decided February 18, 1924

264 U.S. 16


1. The Court of its own motion will dismiss an appeal not within its jurisdiction. P. 264 U. S. 19.

2. The federal jurisdiction of the district court must appear in the plaintiff's statement of his case. P. 264 U. S. 20.

3. A bill to quiet title, averring diversity of citizenship, and showing that the land in question was allotted Indian lands conveyed to plaintiff under the federal law and generally that the defendant asserts a conflicting title, but not showing that the conflict will involve the validity of conveyances made in virtue of the federal law, invokes the jurisdiction of the district court on the ground of diverse citizenship only, so that review of the decree on the merits, even though federal issues were brought in by answer and cross-bill, or at the trial, and decided, is final in the circuit court of appeals (Jud.Code, § 128) unless the Court shall grant a certiorari (id., § 240). Pp. 264 U. S. 19-21.

4. Section 3 of the Act of June 25, 1910, authorizing appeals to this Court "in all suits affecting the allotted lands within the eastern district of Oklahoma," etc., was repealed by the Judicial Code. P. 264 U. S. 21.

Appeal to review 283 F. 24 dismissed.

Appeal from a decree of the circuit court of appeals which affirmed a decree of the district court for the plaintiff Kunkel and the Prairie Oil and Gas Company, made defendant by a cross bill, and against the defendants and cross-plaintiffs, Barnett et al., in a suit brought by Kunkel to quiet title to a piece of land in Oklahoma. Certiorari was refused. 260 U.S. 738. A petition for rehearing was denied.

Page 264 U. S. 17

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