Heckman v. United States

Citations

• 224 U.S. 413
• 32 S. Ct. 424
• 56 L. Ed. 820
• 1912 U.S. LEXIS 2311

Syllabus

<p>The United States has capacity to maintain a suit to set aside conveyances made by allottee Indians of allotted lands within the statutory period of restriction; and this suit brought against numerous defendants, all of whom were grantees of allottees of the same tribe, is properly maintainable in equity; the return of the consideration to the grantee is not essential; there is no defect of parties because the allottee Indians making the conveyances are not joined; there is no misjoinder of causes of action, and the bill is not multifarious.</p> <p>Congress has power to extend the restrictions upon alienation of allotted lands by allottee Indians, Tiger v. Western Investment Co., 221 U. S. 286; and so held that the provision for extending the period of alienation of lands allotted in severalty to full-blood Cherokees in the act of May 27,1908, 35 Stat. 312, c. 199, is a valid exercise by Congress of its power over Indian affairs.</p> <p>The relations of the United States to the Cherokee Indians as established by treaties and statutes reviewed, and held that in executing the policy of extinguishing the tribal organization and title, and the allotment of the tribal lands in severalty, the intent of Congress was to fulfill the national obligation, not only by an equitable apportionment of the property but.by safeguarding through suitable restrictions the individual ownership of the allottees.</p> <p>The placing of restrictions upon the right of alienation was an essential part of the plan of individual allotment of tribal lands among the members of the Five Civilized Tribes; and such restrictions evinced the continuance to this extent of the guardianship of the United States over the Indians as wards of the Nation.</p> <p>Conferring citizenship upon an allottee Indian is not inconsistent with retaining control over his disposition of lands allotted to him. Tiger v. Western Investment Co., 221 U. S. 286.</p> <p>The maintenance of limitations prescribed by Congress as