Vera Rogers Brooks, and United States of America, Plaintiff-In-Intervention v. Nez Perce County, Idaho

Brooks and the United States appeal from a judgment of the district court denying a claim for damages against Nez Perce County, for the wrongful sale of Brooks’ Indian trust land. We reverse the judgment of the district court and remand for further action on the issue of damages.

FACTS AND PRIOR PROCEEDINGS

In 1911, Hattie Davis, a Nez Perce Indian, inherited a trust allotment from her deceased husband. Pursuant to 25 U.S.C. § 405 , the government sold the allotment on her behalf for $4,100.00. The next year the United States bought a tract of land within the Nez Perce Indian Reservation for Hattie Davis, using $350.00 of the trust proceeds. With $3,130.00 of the trust proceeds, the government constructed a building on the land. Over the years additional trust monies were spent to improve the property.

At some time between 1912 and 1916 Nez Perce County began to tax Hattie Davis’ lot. The United States sought a decree in district court voiding the tax levies. On May 10, 1918 the district court entered a decree voiding all prior taxes, permanently enjoining future ones, and quieting title to the land in the government as trustee.

In 1923 the county, in clear violation of the…