Entiat Delta Orchards Co. v. Unknown Heirs

Citations

• 99 Wash. 84
• 168 P. 1130
• 1917 Wash. LEXIS 1173

Syllabus

<p>Executors and Adhinistbatobs—Sales—Ibbegulabities. Irregularities in an executor’s sale which do not go to the jurisdiction of the court are not available to one who fails to inquire into the same within the time limited by law, or within such time as she should have asserted her rights under equitable principles.</p> <p>Public Lands—Patents—Recitals. Recitals in a patent have no controlling force, and the patent must have read into it the law under which the title it conveys was acquired, regardless of limitations in the patent.</p> <p>Indians—Homesteads—Alienation—Statutes. The act of March 3, 1875, 18 Stat. 420, giving to every Indian the head of a family, who had abandoned his tribal relations, the privileges and benefits of the homestead law, is still in force and is not amended by the act of July 4, 1884, 23 Stat. 96, providing for the extension of the homestead laws to Indians located upon public lands under patents providing that the land should be held in trust for the use of the Indians for the period of twenty-five years; and the latter act does not make the law such that all Indian titles evidenced by patent theretofore issued would be subject to a trust limitation of twenty-five years.</p> <p>Public Lands—Patents—Construction. A notation on a final homestead receipt cannot change the law or the relation of the entryman to the government, or bind him to take under a statute mistakenly employed in receiving the application.</p> <p>Indians—Homesteads—Patents—Alienation. Where an Indian had severed his tribal relations and was possessed of all the qualifications neéessary to acquire title to public lands under the act of 1875, authorizing a patent to him with a limitation upon his right to convey fixed at five years, it is error for the land department to issue a patent under the act of 1884, authorizing patent to Indians who have not severed their tribal relations, with a limitation upon the power of alienation fixed at twenty-five years; and the fact t