Arenas v. Preston United States v. Preston

Lee Arenas, a Mission Indian, sued the United States to have determined his right to an allotment of certain land situated in the Palm Springs Indian Reservation in California. After extended litigation, he was substantially though not wholly successful in his claim.

This appeal is from a supplemental decree of the district court awarding to Arenas’ attorneys fees and expenses and securing the payment thereof by the impression of a lien upon the land inuring to his benefit as a result of the litigation. The appeal was taken by the United States on behalf of the Indian and by the Indian individually.

The claim of Arenas was assertable against the United States by virtue of the waiver of sovereign immunity to suit found in the Act of 1894, 28 Stat. 286 , 305, as amended, 25 U.S.C.A. § 345 .

The key question for decision in this appeal concerns the jurisdiction of the district court to declare a lien on property in the circumstances obtaining. The government argues that such declaration is in effect a judgment against the United States by which it has not consented to be bound and that it violates congressional intent as expressed in applicable enactments relating to Indian…