Goodrum v. Buffalo

Citations

• 162 F. 817
• 89 C.C.A. 525
• 1908 U.S. App. LEXIS 4496

Syllabus

<p>1. INDIANS — Alienability of Allotted Lands of the Quapaw Indians.</p> <p>Under Act Cong. March 2,'1895, c. 188 (28 Stat. 907), and patents issued thereunder, declaring the land inalienable for 25 years thereafter, held, that the disability to convey runs with the land, and disqualifies the heir, as well as the immediate allottee, to convey within the prescribed period.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 27, Indians, § 37-1</p> <p>2. Same — 'Rules op the Common Law Inapplicable.</p> <p>Tlie general government, exercising a tutelary supervision over such Indians, as wards of the nation, it is held, has the right to attach any condition or qualification it sees fit to grants of the reservation lands of the tribe in severalty. So, notwithstanding such grantees may be citizens of the United States, and notwithstanding the patent may run to the allottee and his heirs, the common-law rules respecting a limitation upon alienation, being inconsistent with the prior estate in fee granted, would not extend beyond the natural life of the immediate allottee, as also the doctrines of estoppel, have no application to the instance of said patent.</p> <p>3. Submission op Controversy — Judgments—Res Adjtjdicata. •</p> <p>Notwithstanding the general rule that a judgment between parties sui juris, where the court has jurisdiction over the subject-matter and the parties, is conclusive of every question of fact and law in contestation, and cannot be attacked in a collateral proceeding, a judgment rendered by 1he United States Court in the Indian Territory, under a stipulation between a Quapaw Indian and a white man, submitting, under the provisions of local law, for decision the question of the power of such Indian allottee, or his heir, to convey his or her allotment within the 25-year period of limitation under Act Cong. March 2, 1895, e. 188, 28 Stat. 907, adjudging the validity of such conveyance, held to he invalid, when interposed to defeat the action o