United States v. Jackson

This is an action to quiet title to certain lands, brought by the United States on behalf of Bob Roberts, a tribal Indian. A trust patent to the lands in question was issued to Jack Williams, also an Indian, December 11, 1891, in accordance with the act of July 4, 1884, c. 180, § 1 ( 25 Stat. 96 ; USCA tit. 43, § 190). This patent, in conformity with the statute, declared:

The trust thus declared would terminate December 11,1916. Jack Williams died January 24, 1916, and the land passed to Nellie Williams, an Indian woman, his widow and sole heir. March 18, 1921, she executed the deed to Jack Jackson, also an Indian, which is the deed sought to be attacked in this action. This deed was recorded November 3, 1922. It was not, and never has been, approved by the Secretary of the Interior.

Nellie Williams died October 10, 1922, • leaving a will by which this same property was devised to Bob Roberts. The will .and the devise were approved by the Secretary of the Interior December 1,1923. Jack Jackson has since died. The defendants herein are his heirs.

Admitting that the restriction on aliena *752 tion originally contained in the trust patent issued to Jack; Williams would have…