Creek Nation v. United States, 302 U.S. 620 (1938)

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Creek Nation v. United States


No. 140


Argued January 3, 1938
Decided January 17, 1938
302 U.S. 620

CERTIORARI TO THE COURT OF CLAIMS

Syllabus

1. Creek lands, erroneously surveyed as lands of other tribes, were, because of the error and through misapplication of an Act of Congress, disposed of by allotment and patent in severalty to members of the other tribes and by sale and patent to settlers. Held that the taking took place not at the date of the Act, but at the times of the several dispositions, and valuations for the purpose of fixing compensation must be as of those times. Cf. s.c. 295 U.S. 103. P. 620.

2. Rules laid down to govern the valuations. P. 622.

84 Ct.Cls. 12 reversed.

Certiorari, post, p. 666, to review a judgment fixing compensation to the Creek Nation for lands taken by the United States.