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LANE V. PUEBLO OF SANTA ROSA, 249 U. S. 110 (1919)

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U.S. Supreme Court

Lane v. Pueblo of Santa Rosa, 249 U.S. 110 (1919)

Lane v. Pueblo of Santa Rosa

No. 197

Argued January 29, 1919

Decided March 3, 1919

249 U.S. 110

Syllabus

The Pueblo of Santa Rosa is a legal entity, with capacity to maintain a suit to protect its rights in land claimed by it as a grantee under the laws of Spain and Mexico. P. 249 U. S. 112. Cherokee Nation v. Georgia, 5 Pet. 1, distinguished.

This status of the Pueblo, if it did not previously exist, resulted from a law of the Territory of New Mexico, and from acts of Congress extending the laws of that territory over the region acquired by the Gadsden Treaty, and over the Territory of Arizona, when the latter was organized, and it was not affected by the creation of the State of Arizona. Id.

Assuming that these Indians are wards of the government, that fact would not affect the capacity of the Pueblo to sue in the District of Columbia, to restrain the Secretary of the Interior and the Commissioner of the General Land Office from offering, listing, etc., under the public land laws, lands in Arizona to which the Pueblo allege perfect title under the laws of Spain and Mexico. P. 249 U. S. 113.

In such a suit, where the trial court dismissed the bill on defendants' motion, held, error for the court of appeals, finding the bill made a case for the relief sought, to award a permanent injunction, for defendants were entitled to answer to the merits as if their motion had been overruled originally. P. 249 U. S. 114.

46 App.D.C. 411 reversed.

The case is stated in the opinion. chanroblesvirtualawlibrary

Page 249 U. S. 111





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