The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-05-18
Court Decision '''''ss z z,;,m.
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Nebraska. and at the expiration OF said
period the United States win convey
The same by patent To- said Indian ,r
bis heir as aforesaid IN fee dischare-
ei of said trust aud free OF an encum-
brance and charge whatsoever And
"a any couvel ance shall be made OF fhe
I land sen a part and allotted as herein
provided, or any contract made touch
ing the same before the expiration OF
THE time above mentioned such con-
Yeyance or contract shall be absolute
ly null and void provided that the
law of descent and partition i'm force
IN ne said state shall apply thereto
after patents have been executed and
delivered On The 29th day 81 Dec
ember 1884 a patent for one hundred
and sixty acres, or quarter section.
3f such lands. reciting. in substance.
the terms sf the foregoing section Of
he statute was Issued 80 one Phillip
Porter. f9embcr of the tribe. I'm
satisfaction Of his right to participate
ia such allotment AT Chat time P0r.
ter was the head of family consist.
ing besides himself Of his wife. the
defendant, Na-da-wa Parker. and OF "A
daughter After the delivery Of The
patent Porter died intcstatg. leaving
bis wife and daughter surviving Some
hmc afterwards, the daughter died,
liso intestate. and without issue. The
sllottee WAS the son Of Daniel Porter,
the plaintiff IN this action Since the
leath OF her husband and daughter.
the defendant has remarked In the
exclusive possession OF the laad claim.
ue 10 be lawfully entitled thereto.
The foregoing matters were submit
.ed to the district court OF Thurston
county upon an agreed statement of
facts praying the Judgment of the
rourt whether the plaintiff or defen-
dant has q better right IN the premi
ses TO review a Judgment in favor Of
defendant the plaintiff prosecntes a
petition in error in this court"
The court further states. IN our
opinion, an allottee and patentee OF
lauas In severalty, pursuant TO the
above mentioned act of congress, is
seized Of an equitable interest and
sstai1 IN fee. which upon his death
] thAlHN wv AHANftAANl w a. AAAtfl HtA'hi
therefor by The United States, des
cends to his or ner heirs at law ac
cording to the laws OF Inheritance OF
This state"
The syllabus ln the case Of McCaui
1 ey v. Tyndall 6S Neb. COS 94 n. w
Si3. rs as follows. "under act congress-
August z. 1882. c. i34 % Stat. 34t
entitled An act to provide for th,
sale of a part OF the reservation o.
the Omaha tribe OF Indians in Ne
/ hroska. etc. the widow OF an allottes
dying before the issuance ofa iina
patent and without issue, takes lif'
estate III the allotment 10 her husband
remainder TO his father
The right Of a person who has 10
'ated q valid land certificate upon va
eani public land, and has caused suci
| land to ba surveyed and the surve,
| and certificate TO be returned TO ihs
General Land Office within the time
prescribed by law is a vested lega
right. and is entitled 10 an the protec
| ion OF all the constitutional guaran
ties with which such rights arr
aeiged." (lIoward v. Peery Tex
| 259; Hamilton v. Avery, 20 Tex 612
Milan county " Bateman, "a Tex
1853: Gullett v OConnor. "a Tex. 4OS
| Snider " Methvin, 60 Tex. 4S7
Jones' " Lee. Tex. %; Threadgill V
Bickerstan. 81 Tex 500; Olcott " Fer
ris, (reN Civ App. iS9il "a S. W
Rep. SiS Sherwood v Fleming, p
( Tex supp. los. Thompson v Dumas
81 Fed. Rep. 5i7.l
The lands OF the Seminole natiol
| belong to the nation in its sovergl
capacity. and not 10 its citizens "a
tenants i'm common. The lands ans
money of the Seminole nation arr
public property and public money
and not held ia AN Individual owner
| ship Stevens v. Cherokee Nation
I lIttu y. fi5, i3 L. ed l0ii
MI NE Cherokee nation the land =
held By virtue OF patent issued b
The federal government ON the 3ia
| day Of December. 1898. pursuant q
/ treaty stipulation, which provides a
follows;
"TA2refore la the execution Of ID
| agreements and stlpulations contain
ed in the said several treaties. th
/ United States have given and granite
unto the said Cherokee nation the tw
tracts OF land so surveyed and herein
before described. containing in th
| whole t4,374.135 aud 14-100 OF a
acre. 10 have and 90 hold the same q
getbcr with AN the rights, privilege
and appurfenances thercunto belong
! inc. 10 the said Cherokee nation fol
ever, gubiect however, To the right
Of the United Stdes 20 permit othe
( trlhea of red men to set salt on Oh
salt plains Of the Weslern Prairie. r'