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LANGFORD V. MONTEITH, 102 U. S. 145 (1880)

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U.S. Supreme Court

Langford v. Monteith, 102 U.S. 145 (1880)

Langford v. Monteith

102 U.S. 145


1. Where an act of Congress admitting a state into the Union, or organizing a territorial government, provides, in accordance with a treaty stipulation, that the. lands in the possession of an Indian tribe shall not be a part of such state or territory, the new government has no jurisdiction over them. Harkness v. Hyde, 98 U. S. 476, qualified and explained.

2. Where, in a civil suit before a justice of the peace of the Territory of Idaho, it appears by the answer of the defendant, verified by his affidavit, that the question of title to real estate is necessarily involved, the justice should certify the case to the district court for trial. If he proceeds to try it, it must, on appeal from his judgment, be dismissed.

The facts are stated in the opinion of the Court.

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