Stephens v. Quigley

Citations

• 126 F. 148
• 61 C.C.A. 214
• 1903 U.S. App. LEXIS 4296

Syllabus

<p>1. Appeal — Review—Waiver op Error.</p> <p>The defendant in an action of forcible entry and detainer, by asking an instruction stating that “in this case it is conceded that the plaintiff was forcibly removed from the premises in controversy, * * * and is therefore entitled to recover possession of the premises,” ■ abandoned a defense justifying the alleged trespass, and waived an exception taken to the exclusion of evidence offered to sustain such defense.</p> <p>2. Indian Agents — Powers—Determination op Judicial Questions.</p> <p>The authority conferred on Indian agents by Bev. St. §§ 2147, 2149, 2150, to “remove from the Indian country all persons found therein contrary to law,” does not vest such an agent with power to determine a private controversy respecting the validity of a lease under which a non-citizen has gone into possession of Indian lands and made valuable improvements thereon, and to order his eviction from such land, without his removal from the Indian country. Such contracts involving private property rights are matters for adjudication by the judicial, and not the executive, department.</p>