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Taylor v. Parker, 235 U.S. 42 (1914)
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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.
Taylor v. Parker, 235 U.S. 42 (1914)
Taylor v. Parker No. 58 Submitted November 5, 1914 Decided November 16, 1914 235 U.S. 42
ERROR TO THE SUPREME COURT
OF THE STATE OF OKLAHOMA
Syllabus
In view of the evils sought to be prevented, and in aid of the expressed policy of the Indians and the United States, the prohibition on alienation by allottees under the Choctaw and Chickasaw agreement ratified by the Act of July 1, 1902, c. 1362, 32 Stat. 641, should be construed as extending to devise by will.
While the Act of April 28, 1904, putting in force the laws of Arkansas in the Indian Territory, enabled an Indian to dispose of his alienable property, it did not operate to remove existing statutory restrictions.
That it was the understanding of Congress that an act did not remove restrictions may be indicated by subsequent acts passed for the express purpose of removing such restrictions.
33 Okl. 199 affirmed.
The facts, which involve the application and construction of Acts of Congress imposing and affecting restrictions on alienation of lands allotted under the Choctaw and Chickasaw agreement ratified July 1, 1902, are stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Taylor v. Parker, 235 U.S. 42 (1914) in 235 U.S. 42 Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=YKMNAIXYLUITYGJ.
MLA: U.S. Supreme Court. "Syllabus." Taylor v. Parker, 235 U.S. 42 (1914), in 235 U.S. 42, Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=YKMNAIXYLUITYGJ.
Harvard: U.S. Supreme Court, 'Syllabus' in Taylor v. Parker, 235 U.S. 42 (1914). cited in 1914, 235 U.S. 42. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=YKMNAIXYLUITYGJ.
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