The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-05-29

be OF the legal effect and declare that
The United States does an dwill hold
T. G land thus allotted for a period of
twenty-five years in trust for the sole
NE and benefit Of the Indian to whom
tlle allotment shallh ave been made,
or in case OF his decease, OF his heirs
according TO the laws OF the state of
Nebraska. and at the expiration of said
period the United states win convey
tie same By patent to said Indian arI
his heir as aforesaid, in fee discharg
ed of said trust and free of all encum
brance and charge whatsoever And
If any convey anco shall be made of tire
land set 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-
veyance or contract shall be absolute
| ly null and void: provided that the
| law OF descent and partition in force
! In The said state shall apply thereto
lagtcr patents have been executed and
/ delivered. On the 29th day Of Dec
/ ember. 1884, a patent for one hundred
and sixty acres. or q quarte- section,
of such lands reCiting, In substance,
the terms 1f the foregoing section OF
| the statute, was issued to one Pniliip
Porter. a member of the tribe, IN
satisfaction of his right TO participate
IN such allotment AZ that time Por-
ter was the head Of q 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 intestate leaving
his wife and daughter surviving some
! dine afterwards the daughter died,
lalso intestate. and withcut hsue. The
amottee was the son OF Daniel Porter
the plaintiff i'm this action Since the
death OF her husband and daughter
the defendant has remained in the
exclusive possession OF the land, claiui-
ing to be lawfully entitled thereto.
The foregoing matters We're submit
ted to the district court Of Thurston
county upon an agreed statement OF
facts praying the Judgment OF me
court whether the plaintiff or deien
dant has a better right in the premi
ses. To review a judgment in favor oI
defendant the plaintiff prosecutes
= petition in error in this court"
The court further states: I'm om
opinion, an allOttee and patentee o.
lands IN severalty, pursuant TO th'
above mentioned act OF congress, j
seized of an equitable interest anC
estate in fee which. upon his death
lhefore the issuance of q tnal paten
therefor b. the United States. dee
f. cends TO his or her heirs an law ac
cording TO the laws Of Inheritance o
this state"
The syllabus In the case OF McCaul
2 az " Tyndall GS Neb. COS, "a ~ w
? sf8. IS las follows: "Undor act congrcs
e August z 1882. C. 434 22 Stat 34l
a entitled An act 90 provide for th
sale of part OF the reservation 2
> the Omaha tribe of Indians IN Ne
: broska etc. tho widow Of an allotte
d dying before the issuance ofa iina
s patent and without issue. takes "A hi
d estate IN the allotment to her husband
e remainder 10 his father
? The right OF person who has i
Gated valid laud certificate upon VI
z cant public land aud has caused sue
Z land 10 be surveyed and the surve
o and certificate 10 be returned 10 IN
Yl General Land office within the tim
g prescribed by law. IS vested leea
.s rleht and Is entitled Co an the proteI
a. ton of an the constitutional guarai
+ Ties with which such rights ai
y hedeed" CsIoward " Peery Z ne
n 259; Hamilton " Avery 20 TeX. W
u Milam county ~ Bateman, "a re.
1885, Gullett v.O'ConuOr. "a Tex tes
h spidrrf rs ANthv,n. 60 Tex rs
p. loAe y lee. SVey %; Threadeih
IS olf~taH 81 Tex 500. Olcott " Fe
s ris, (Tex. Civ app 1880, "a S y
IS ltel. S48. Sherwood " Fleming.
.y Tex supp 40S; Thompson " Dnma
5. S. Fed. Rep 5l7l
The lands OF the Seminole natic
is belong to che nation Ia iis soyefia
:, capacity, ana not 10 iis citizens
3 tenants iu common Tho lands an
.h money OF the Seminole natlon a
d. public property and public none.
nl and not held in an indiyidn1l ovne
.c snip. Stcfens " Cheroles Nalio
Be l74 a. S 445. 4a Z. Ell. l0ll
be ln tle Cherokee nation the land
NJ held by virtue Of a patent ISSUED /