Pickering v. Lomax

Citations

• 120 Ill. 289
• 11 N.E. 175

Syllabus

<p>1. Indian titles to lands—permission of the President, as a condition to the right of alienation—whether a limitation upon the fee. A condition in an Indian treaty, and in a clause in a patent for land granted under the treaty to a person of Indian descent, that the land shall never be leased or conveyed by the patentee, or any of his heirs, to any one, without the permission of the President of the United States, is not void as being a limitation upon the fee.</p> <p>2. Same—effect of conveyance without such permission—and of approval by the President after conveyance. Under article 4 of an Indian treaty between the United States and certain Indian tribes, made in 1829, two sections of land in this State were granted to A. B., for himself and children, with the stipulation that such lands should never be leased or conveyed by the grantees, or their heirs, to any person whatever, without the permission of the President of the United States, and the patent contained a similar limitation. A partition was had between A. B. and his children, and J. B., one of the children, on August 3, 1858, by his deed conveyed to H. the part set off to him in severalty. Afterward, on January 21, 1871, the President of the United States indorsed upon this deed his approval: Held, that the deed of J. B. to H. was void, and passed no title, and that the subsequent permission of the President indorsed thereon did not make it valid.</p> <p>3. Tax tile—by whom it may be acquired. A person in the actual possession of land, and whose legal duty it is to pay the taxes thereon, can not acquire a tax title, growing out of his own neglect of duty. But a person in possession of land, having no title, and under no obligation to pay the taxes, may acquire a tax title thereto.</p> <p>4. Same—notice of application for judgment—description of land. In order to give the county court jurisdiction to render judgment against land for taxes, the land must be properly described in the collector’s notice o