States

This is an action by the United States government to cancel a sheriff’s deed to certain real property theretofore patented to the Indian heirs of an Indian allottee. The patent contained the following proviso: “The land covered by this patent is not liable for any debt contracted prior to this date, as provided by section 5 of the Act of February 8, 1887 ( 24 Stat. 388 , 389), and the amendatory Acts of May 8, 1906 ( 34 Stat. 182 ), and June 21, 1906 ( 34 Stat. 325 > 327).”

The trial court dismissed the action on the ground that the government had no authority to sue on behalf of the Indian patentees. It is admitted that the appellee claims under a sheriff’s deed issued in pursuance of a sheriff’s sale under an execution issued on a judgment rendered on a debt incurred by the Indian patentees before the issuance of the patent, and, therefore, within the terms of the above mentioned proviso. Appellee contends that the proviso in question was inserted in the patent without authority of law, and, therefore, that it is invalid; the contention being that although this proviso is 'contained in the statute, which is cited in the patent, as above quoted, the statutory proviso is not…