Burlington hawk-eye. [volume] (Burlington, Iowa) 1845-185?, 1846-04-16

ed by treaty to the Half Breeds Of the
Sac and Fox tribes of Indians; advertised
same FOR sale January LIST. 1912. January
lst 1912. sold the above described tract
Of land. bnngh, by Hugh L. Reid for the
sum Of S2SS4 66-Sll22 90 10 be en-.
dOrsed on This execution.
(SigneJ HAWKINS TAYLOR.
Sheriff Lee Co."
On the Cd January. 1913, William
S,olts, then Sheriff Of Lee County. exc.
cu,ed to Hugh Il. Reid deed in pursu-
ance of the sales aforesaid for the Half
Breed Tract containing lis, 900 acres and
describing the same by its metes and
bounds. which deed was duly acknowl
edged and recorded.
Trial in the District Court.
l. Reid pltf., offered in evidence the
aforesaid judgments of Johnston and
Brigham-when def. objected TO their
being received on the ground Of want Of
jurisdiction in the Court to render them;
which objection was oyerruled and def,.
filed his exception.
2. The pln. then offered in evidence
the executions and levies and the deed OF
| the sheriff, Slol,s, referred TO abOve-to
the introduction Of all which def. OBJ
jec,ed-objectinn overruled and exception
filed. The PIff. then proved the posses
sion of Def. al The time Of service Of the
summons in this sui, and then gave IN
evidence Plat of Survey of the Half
Breed Reservation duly certified from the
General Land Office ard proved by a
Surveyor, who had traced The lines of
this reservation, that the land in con,ro-
versy was within and par, of the Rrser.
walton. The Plf. also introduced as
evidence the laws OF the Territorial LIE.
gislature above referred to, 10 wit: tina,
approved, Jan. l6. lS3S-,he &C, supple.
menlary thereto. approved. January 22d,
1898. and the acl repeating those las,
named. approved. Jan. 25. 1899, which
was all the evidence given by Pltf.
Def. then moved Cor a nonsuit and
mainly insisted
J. Tha, Plff. had failed to show title
in the defs. to the judy, of Johnston and
Brigham. inasmuch as the Ac, OF Con.
gress approved June 30th, 1884. which
cedel the land 10 the Half Breeds, was 4
private act and not having been given in
evidence the Cour. could not take notice
of il.
2, Tha, the Indian title to the land
had never been eXiinguished and there
fore it was no. subjec. to sale on execu-
ZION.
3, That The plf. had failed to prove
tina, any one of the .owners" was resi-
! | ~ u he
dencyof,he suits of Johnston and Brigham
and the judgments not having been
rendered agains, any person by name
they were tn erefore mere utilities, and il
not utilities could no. authorize an exc
culion vs.. the Half Breed l'rac, in salts
faction.
4. That the laws Of the Territoria
!, Legislature referred to were uncons,iiu
tonal and void and therefore the jndg
ments rendered in pursuance Of then
were void.
, S. That the jurisdiction Of the Cour
in respect Of the suits of Johnston ant
Brigham was special and Limited an,
E therefore the Piff, should have proven ,h'
|, regularity of all the steps in The sui,
an,eceden, To the judgments.
Which motion for nonsuit the Cour
overruled aud defenjan. excepted there
to.
Deh. Webster then offered TO prov
> that the judgments. executions and sheriff
: deed and sheriff's sale offered in evidenc
. by plh.. were all procured by fraud b,
;. :. said plf and others. and that the Who'll
: title of ph. was based upon fraud an
: fiction.
e Which proof the Cour. refused Il
;, receive and deft excepted thereto.
- The def. for the purpose of showing
:. title in himself to the land in con,rovers,
: having given proof by hearsay from
: sundry persons that one Nama-lau. pns
= was a Half Breed Of The Sac and Fo
- na,ions-also that certain Indians had S
= stated and had made oath 10 the fact: ais
r tina, certain persons deceased who la
. married Half Breeds mot proven TO
related TO Mama tau pus by either bl"o
=. or marriage) but who were intimate wit
The Indians aud talked their language, ha
stated while living, that Na-ma-,au.pu
: was a Half Breed-also that his compile,
: ion indicated such an orIgin-then oHere
in evidence deed from Mama -pns I
y one John Bond and from said Bond ,
one'rheophiIus Bu.lard. both duly execute
: and acknowledged; and conveying 10 sal
J Billiard all the interest Of said Nama-tat
= pus as Half Breed in the Reservaio
above referred TO; and ALSO. deed fror
said Billiard and wife to the def. Webslt
" for all of said interest, also duly execute
'' and acknowledged.
j. TO the introduction Of which deeds
;. evidence The pIf. objec,ed-.he Cou
!" sustained the objection and ruled that the
should not be received to which opnio
= def. excepted.
e. Def. then proved that he came int
'e posse.sion of the land in controversy
1898. under the title derived from sal
"a Ma ma-,au-pus-,h at the time h
= purchased there were Improvements o
SAID Tract and ,ha. he took pos>essiu
!" and has been in possession ever since.
:" Def. then offered to prove by par
:, testimony that no service had ever BET
" made upon any person in the suits
: johnston and Brigham-,ha. no noti
-. ,;,o, Nv puhlica,inn of the Dendpn M