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Although the complaint named over 6,000,000 acres (24,000 km 2) conveyed in such manner, the suit involved only the portion of that land held by the two counties. As damages, the tribes asked only for the fair rental value of the lands from the period January 1, 1968 through December 31, 1969.
On remand, the United States District Court for the Northern District of New York had found the counties liable to the Oneida for wrongful possession of their lands, awarded damages of $16,694, plus interest, representing the fair rental value of the land in question for the 2-year period specified in the complaint. Finally, the District Court ...
Ejectment is a common law term for civil action to recover the possession of or title to land. [1] It replaced the old real actions and the various possessory assizes (denoting county-based pleas to local sittings of the courts) where boundary disputes often featured.
Tureen also feared that a federal court would find that it lacked subject-matter jurisdiction for an ejectment action due to the well-pleaded complaint rule, although the Supreme Court held otherwise in Oneida Indian Nation of New York v. County of Oneida (1974)—decided three years after the Passamaquoddy complaint was filed. [34]
The Second Circuit ruling came twenty-five years after the Cayuga filed their complaint in the Northern District of New York in 1980 challenging two conveyances of land to the state in 1795 and 1807, totaling 64,015 acres. The following year, a class of defendant land owners was certified. [3]
An action to quiet title is a lawsuit brought in a court having jurisdiction over property disputes, in order to establish a party's title to real property, or personal property having a title, of against anyone and everyone, and thus "quiet" any challenges or claims to the title.
It was generally assumed, but untested, that aboriginal title could be vindicated by causes of action such as ejectment and trespass. [78] Seneca Nation of Indians v. Christy (1896), the first aboriginal title claim by an indigenous plaintiff to reach the U.S. Supreme Court, typifies the state of the law up until that point, and largely until ...
A prayer for relief, in the law of civil procedure, is a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court. For example, the plaintiff may ask for an award of compensatory damages, punitive damages, attorney's fees, an injunction to make the defendant stop a certain activity, or all of these.