Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-05-15

Cherokee Indian Land Case Argued
several Decisions.

In the United States Circuit Court OF
Appeals yesterday the case OF 'he
limited states against u. j. Boyd and
another. and the Eastern Band Oh
Cherokee Indians was argued before
Judges COZ. Hughes. and Brawley The
cause was argued by Mr.. II. u. Glenn,
United States District-Attorney OF North
Carolina. for the appellant. and by
Messrs. Louis M Bourne and George H.
smothcrs for appelIecs and submitted.
sThis is q suit IN equity brought py tne
United States against The DEFENDANTS 10
annul a contract of sale OF certain UNI
Der trees. the property. before sara con-
tract was entered into. II Is admitted.
of the defendant. the Eastern Band OF
Cherokee Indians, and embraced in a
boundary OF land In Jackson and Swain
counties. n. c., known as the "Cathcart
tract" and for a perpetual injunction
restraining all OF the defendants from
entering upon said land or telling or re-
moving said timber trees. or In any man
ner enforcing the provisions OF said con-
tract.
with the United. States are joined as
parties plaintiff three or four Indians.
who disapproved the contract OF sale. and
any other Of said Indians who may be
so inclined are permitted 10 come In
and Join as plaintiffs. No other Indians
have asked TO be let in, and the suit
stands upon the bin OF complaint or the
United States and the few Indians whose
names appear as plaintiffs in the original
bill.
The United States have appealed 10
the United States Circuit Court or APP
peals. and the defendants. appellees. now
renew their motion TO have the suit as
missed upon the grounds urged In the
court below-viz.: The United states are
improperly Joined as parties pialnuH'
and this is simply a controversy between
citizens OF the State of North Carolina
which is properly triable IN the courts
OF that State. ..t l.a...
SEVERAL OPINIONS
The court announced its opinion in the
following cases. which were heard at the
present term
No. PHI. Buson II. Brown ct al, ap-
pellants. VS.. Henry +. Grove ct al, APP
pellees. Appeal from Circuit Court OF
West Virginia at Clarksburg. opinion
by Judge Simonton. Affirmed with costs.
No. 22l. First National Bank OF Ceredo
Of al, appellants. VS. the Society Tor
Savings ct al. appellees. Appeal rom
Circuit Cont Of United States for Dis
trict of West Virginia. OpiN'oH ny
Judge Simonton. Affirmed with costs.
No. 2i6. Union Casualty and Surety
Company. Of St. Louis, Mo. plaintin in
error VS.. Ceciie F. Schwerin. defendant
in error In error TO Circuit Court for
the District Of South Carolina. at Charles
ton. Opinion by Judge Goff. Affirmed
with costs.
No. 215. steam-tug Glendale ct al. APP
pellant, VS. 7. b. Evich, administrator,
&c. appellee. Appeal from District
Court Eastern District of Virginia. sub
mitted by counsel on briefs.
No zoe. Phoenix Insurance Company,
&C.. appellant. VS.. Receiver Franklin
Brass Company appellee. Petition for
rehearing denied.
FOR THE INSURANCE COMPANY.
The case of DIR. A. G.. Glover, president
of the Kelley Institute, at Ashland.
against the National Fire Insurance
Company. was decided in the United
States Circuit Court yesterday afternoon,
the jury returning a verdict for the In
surance company under instructions
from Judge Simonton, who sat IN the
case. The instructions held that the con-
tract was avoided by the fact that the
premises were used for a different pur-
pose than that designated in the in
surance policy.
A motion for a new trial was taken
under advsement.