Bird v. Terry

Citations

• 129 F. 472
• 1903 U.S. App. LEXIS 4446

Syllabus

<p>1. Indians — Allotment oe Lands in Severalty — Rights Conveyed by Patent under Treaty.</p> <p>A treaty made in 1854 between the United States and the Puyallup and other bands of Indians provided for the allotment and conveyance in severalty of land to Indians who were heads of families upon certain conditions as to residence and cultivation, and with certain restrictions as to alienation, subject to which the land was to be theirs for a permanent home for themselves and their families and inheritable by their heirs. Held, that a patent to an Indian under such treaty for lands previously allotted to him, which recited the terms of the grant, conveyed to him a vested estate, which could not be taken away or affected by any subsequent action of the executive department of the government so long as he complied with the conditions.</p> <p>2. Same — Rights Following Citizenship — Protection oe Property Rights.</p> <p>An Indian, who, by practicing the habits of civilized life, and living on and cultivating land allotted to him in severalty, has become under the law a citizen of the United States, is entitled to all the rights of other citizens, and may prosecute and defend suits in any court of competent jurisdiction, state or federal, in respect to his property rights, and his ownership and use of land which has been patented to him under a treaty are matters not subject to the decision or control of either Congress or the executive branch of the government.</p>