Nuzum v. Springer

Citations

• 97 Kan. 744
• 156 P. 704
• 1916 Kan. LEXIS 390

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Attachment — Land Allotted to Iowa Indian — Patented to His Heirs —Subject to Attachment by Heir’s Creditor. The allotment of the lands in the reservation of the Iowa Indians in Nebraska and Kansas was made under the act of congress approved January 26, 1887, and was subject to the restrictions therein imposed as to taxation, alienation or forced sale, and a deed issued to the heirs of an allottee of that tribe before the trust period had expired in pursuance of the provisions of an act approved June 21, 1906 (Part 1, 34 U. S. Stat. at Large, ch. 3504, p. 349), operated to end the trust period and to remove all restrictions imposed in the allotment act, and the land sb patented was thereafter subject to taxation, sale, attachment and execution to the same extent as lands owned by others.</p> <p>2. Trial — Impeaching Party’s Own ‘Witness. Ordinarily a party may not impeach his own witness, but in the interest of truth and justice it may sometimes be done, and when it is permissible is largely within the discretion of the trial court.</p>