Hockett v. Alston

Citations

• 110 F. 910
• 49 C.C.A. 180
• 1901 U.S. App. LEXIS 4343

Syllabus

<p>1. Ejectment — Possession.</p> <p>Possession of land, or of the improvements upon it, is prima facie evidence of the right of possession, and it must prevail in an action of ejectment, in the absence of competent evidence of a superior countervailing right.</p> <p>S. Same — Evidence—Sheriff’s Certificate without Warrant of Law.</p> <p>A sheriff’s certificate of sale and conveyance of land, or of improvements thereon, unwarranted by any law or order .or process of any court, is not evidence of any title or of any right of possession in its grantee in the property which it describes.</p> <p>3. Judicial Notice — Laws of Indian Tribes.</p> <p>The courts do not take judicial notice of the laws of the Indian tribes in the Indian Territory, but they must be pleaded and proved before effect can be given to their provisions in judicial proceedings.</p> <p>(Syllabus by the Court.)</p>