Meeker v. Winyer

Citations

• 48 Wash. 27
• 92 P. 883
• 1907 Wash. LEXIS 849

Syllabus

<p>Judgment — Res Judicata — Courts. A judgment of the superior court in a probate proceeding is conclusive upon the parties thereto, where the same matters are subsequently sought to be raised in a civil action.</p> <p>Indians — Lands—Allotment—Patent—Presumption. Where the law provides that an Indian allotment may be assigned, upon a patent to one Indian of land allotted to another, it will he presumed that the allotment was duly assigned.</p> <p>Same — Tribal Relations- — Evidence. The fact that an Indian had belonged to another tribe, does not disprove that his relations therewith had been severed and that he had become a member of another tribe and entitled to hold land as such.</p> <p>Same — Patent in Trust — Fraud—Evidence. A patent to an Indian, the son-in-law of the original allottee, will not be set aside as a fraud upon, or held to be in trust for, the original allottee, where it appears that she knew of the issuance of the patent to her son-in-law, had lived on the land with her family without making any claim thereto, and no claim was made by her heirs having knowledge of the patent until nearly twenty years after its issuance, more than a decade after the death of the patentee, and several years after the death of the original allottee.</p>