Frazee v. Piper

Citations

• 51 Wash. 278
• 98 P. 760
• 1908 Wash. LEXIS 1014

Syllabus

<p>Appeal — Preservation of Grounds — Demurrer—Waiver of Objections. A demurrer to a complaint on various grounds, submitted without argument or affording the trial judge opportunity to pass upon the objections, cannot be urged in the supreme court except upon the ground that there was no jurisdiction.</p> <p>Indians — Actions—Parties — Legal Capacity to Sue —• Ejectment. Indians holding title to lands under a patent subject to a restriction on alienation for a period of twenty-five years, which will then ripen into a fee simple, have the legal capacity to maintain an action of ejectment to recover possession of the lands, without making the United States a party.</p> <p>Same — Courts—Jurisdiction. The state courts have jurisdiction of such an action.</p> <p>Public Lands — Patents—-Indians—Restriction Against Alienation — What Law Governs. Where an Indian made a settlement upon public lands under the act of 1875, which would have entitled him to a patent with a restriction against alienation for five years, but was not entitled to and did not make final proof until after the passage of the act of 1884, his patent should be issued under the act of 1884 with restrictions against alienation for twenty-five years.</p> <p>Indians — Contracts — Lands — Conveyance — Restrictions Against Alienation. A deed by an Indian holding land under a patent with restrictions against the power of alienation is void.</p>