United States v. Auger

Citations

• 153 F. 671
• 1907 U.S. App. LEXIS 4446

Syllabus

<p>Indians — Indian Lands — Aldotmjcnt—-Patents— Restrictions — Sam oír Timbeb — Rights of United States.</p> <p>Lands in controversy were allotted to certain Chippewa Indians under treaty of September 30, 1854, and patented to them with the restriction that they should not sell, lease, or in any manner alienate the land without the consent of the President of the United States, which restriction was inserted by authority conferred on the President by article 3 of such treaty (10 Stat. 1110). Helé, that the patent devested the United States of all title to the land or timber growing thereon, notwithstanding the restriction ; and that the United States liad therefore no capacity to sue to recover the value of timber cut from such allotments under an improvident contract between defendants and the allottees.</p>