Bird v. Winyer

Citations

• 24 Wash. 269
• 64 P. 178
• 1901 Wash. LEXIS 528

Syllabus

<p>JURISDICTION OF STATE COURTS-QUESTIONS INVOLVING TITLE TO PUBLIC LANDS.</p> <p>The superior court of this state has jurisdiction, in the absence of any statutory enactment to the contrary, to determine questions between Indians regarding. Indian lands within the state, which have been allotted under the treaties and statutes of the United States.</p> <p>QUIETING TITLE-RIGHT OF OCCUPANT TO MAINTAIN ACTION.</p> <p>Any person in possession of land, although not the owner of the fee, may maintain an action for the purpose of quieting his title thereto, so as to avoid any uncertainty in his holding, under Bal. Code, § 5521, which provides that any person in possession of real property may maintain a civil action against any person claiming an interest in said real property, or any right thereto, adverse to him, for the purpose of determining such claim, estate or interest,</p> <p>PUBLIC LANDS-ALLOTMENT TO INDIANS-NATURE OE TITLE-RIGHT OE INHERITANCE.</p> <p>Under the sixth article of the treaty of 1854 with the Nisqually and other tribes (10 U. S. St. at Large, 1044), which provides that the president may assign to each Indian family of two, one quarter section of land, to each family of three and not exceeding five, one half section, and to larger families, more in proportion, if such Indians will locate on the same as a permanent home; may issue patent therefor conditioned against power of alienating the lands; and may cancel the assignment in case such family neglect to occupy and till a portion of the assigned lands, nothing passes by patent except the right of possession and occupancy of the lands described, but the absolute fee remains in the government, and hence, upon the death of tne wife, no rights would pass by inheritance to the children of the wife by a former marriage, where an assignment of a quarter section had been made to her husband as the head of a family composed of himself and wife, and the land granted to him as the head of said family and to hi