Lomax v. Pickering

This was an action of ejectment brought by Aquila H. Pickering against John A. Lomax and William Kolze to recover possession of two parcels of land in Cook county, Ill., which had originally been granted by the United States to certain Indians, under the treaty of Prairie du Chien, of July 29, 1829.

This case was before this court upon a former hearing (Pickering v. Lomax, 145 U.S. 310, 12 Sup. Ct. 860), the report of which contains a full statement of the facts, which need not be here repeated. Upon that hearing the judgment of the supreme court of Illinois was reversed, and the case remanded for a new trial, which resulted in a judgment for Pickering, the plaintiff, and in an affirmance of that judgment by the supreme court of Illinois. Lomax v. Pickering, 165 Ill. 431, 46 N. E. 238. To review this judgment a second writ of error was sued out from this court.

J. M. H. Burgett, for plaintiff in error.

John P. Ahrens, for defendant in error.

Mr. Justice BROWN delivered the opinion of the court.