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Egan v. McDonald, 246 U.S. 227 (1918)
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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.
Egan v. McDonald, 246 U.S. 227 (1918)
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Egan v. McDonald No. 88 Submitted January 28, 1918 Decided March 4, 1918 246 U.S. 227
ERROR TO THE SUPREME COURT
OF THE STATE OF SOUTH DAKOTA
Syllabus
Under § 7 of the Act of May 27, 1902, c. 888, 32 Stat. 275, an Indian allotment held under trust patent and subject to the restrictions on alienation imposed by the Act of March 2, 1889, § 11, c. 405, 25 Stat. 888, may, upon the death of the allottee, be conveyed by his heirs with the approval of the Secretary of the Interior, and the approved deed passes the full title.
Where such a conveyance was made in 1908, and the Secretary approved it in 1909, held that there was no law then in force making an adjudication of heirship, either by a federal court or by the Secretary, a condition precedent to the validity of the conveyance. McKay v. Kalyton, 204 U.S. 458, distinguished.
Upon error to a state court in a case where a vendee sued to recover back earnest money paid his vendor upon the ground that the title tendered by the latter was not merchantable, and where the vendor proved a conveyance of the land by certain heirs of the Indian allottee thereof which recited that they were the only heir and was approved by the Secretary of the Interior, held that whether the burden was upon the plaintiff to establish that there were other heirs, and whether the suggestion that there may have been such rendered the title unmerchantable were questions of state law not reviewable by this Court.
Whether the mere approval of such conveyance by the Secretary would operate to convey a good title if it had appeared that the deed was executed by a part of the heirs only -- not decided.
36 S.Dak. 92 affirmed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Egan v. McDonald, 246 U.S. 227 (1918) in 246 U.S. 227 246 U.S. 228. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=XWZYDS5SM1HQ9HT.
MLA: U.S. Supreme Court. "Syllabus." Egan v. McDonald, 246 U.S. 227 (1918), in 246 U.S. 227, page 246 U.S. 228. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=XWZYDS5SM1HQ9HT.
Harvard: U.S. Supreme Court, 'Syllabus' in Egan v. McDonald, 246 U.S. 227 (1918). cited in 1918, 246 U.S. 227, pp.246 U.S. 228. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=XWZYDS5SM1HQ9HT.
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