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Jackson v. Thompson

Citations

  • 38 Wash. 282
  • 80 P. 454
  • 1905 Wash. LEXIS 1162

Syllabus

<p>Indians—Treaties—Pubuo Lands—Grants—Restriction on Alienation—Deeds—Repugnancy. A restriction on alienation in a patent of lands allotted to an Indian, pursuant to a treaty, is not void because repugnant to the habendum clause and grant of an absolute fee, since that rule does not apply where the Indians are wardá of the government; and such patent passes only the right of possession and occupancy.</p> <p>Same—Wills—Devise Violating Restriction on Alienation. The restriction on the alienation in a patent to an Indian allottee on the Tulalip reservation, prevents the disposition of the lands by will.</p>

Judges: Boot, Budkin, Crow, Dunbah, Fullerton, Hadley, Mount, Took

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