|
|
Mullen v. Simmons, 234 U.S. 192 (1914)
Contents:
Show Summary
Hide Summary
General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Mullen v. Simmons, 234 U.S. 192 (1914)
Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 234 U.S. 188, click here.
Mullen v. Simmons No. 263 Submitted May 11, 1914 Decided June 8, 1914 234 U.S. 192
ERROR TO THE SUPREME COURT
OF THE STATE OF OKLAHOMA
Syllabus
The policy of Congress in regard to restrictions upon alienation of allotments has been to protect Indians against their own improvidence, whether shown by acts of commission or omission, contracts or torts.
The prohibition contained in § 15 of the Act of July 1, 1902, as to affecting or encumbering allotments made under the act by deeds, debts, or obligations contracted prior to the termination of period of restriction on alienation applies to a judgment entered against an allottee, whether based on a tort or on a contract.
A tort may be a breach of a mere legal duty or a consequence of negligent conduct, and a confessed judgment based on a prearranged tort might hecome an easy means of circumventing the policy of the statutes restricting alienation of Indian allotments if alienation could be effected by levy and sale under such a judgment.
33 Okl. 184 reversed.
The facts, which involve the construction of the provisions of the Act of July 1, 1902, affecting alienation of allottee lands, and the effect of judgments against the allottee, are stated in the opinion.
Contents:
Chicago: U.S. Supreme Court, "Syllabus," Mullen v. Simmons, 234 U.S. 192 (1914) in 234 U.S. 192 234 U.S. 193–234 U.S. 195. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=4P75KKTYM75IBXL.
MLA: U.S. Supreme Court. "Syllabus." Mullen v. Simmons, 234 U.S. 192 (1914), in 234 U.S. 192, pp. 234 U.S. 193–234 U.S. 195. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=4P75KKTYM75IBXL.
Harvard: U.S. Supreme Court, 'Syllabus' in Mullen v. Simmons, 234 U.S. 192 (1914). cited in 1914, 234 U.S. 192, pp.234 U.S. 193–234 U.S. 195. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=4P75KKTYM75IBXL.
|