Privett v. United States

Citations

• 256 U.S. 201
• 41 S. Ct. 455
• 65 L. Ed. 889
• 1921 U.S. LEXIS 1662

Syllabus

<p>1. A homestead allotment of a half-blood Creek Indian, who died intestate leaving surviving issue, a member of the tribe, born since March 4, 1906, remains inalienable under § 9 of the Act of May 27, 1908, c. 199, 35 Stat. 312, during the lifetime of such issue, until April 26, 1931, if the Secretary of the Interior has not removed the restriction; and a deed made by the heirs in such circumstances is void. P. 203.</p> <p>2. A finding that a surviving son of a Creek allottee was born since ■ March 4, 1906, held sustained by the evidence. P. 203.</p> <p>3. In a suit to set aside deeds of an Indian allotment made by the heirs ■ f the allofitee in contravention of a restriction on alienation imposed by Congress, wherein the validity of the conveyances depended on the date of the birth of a surviving minor son of the allottee, held that the United States was in no respect concluded by a .finding of the date and a judgment upholding the conveyances, in a prior suit in the state court between the heirs and one claiming under the conveyances, 11 .vhich suit the United States was not a party. P. 203.</p> <p>261 Fed. Rep. 351, affirmed.</p>