Preston

The United States in its appeal accurately states the two ultimate issues in the following language:

In addition to the issues mentioned, there is a question as to the effectiveness of the appeal.

In Arenas v. Preston, 9 Cir., 1950, 181 F.2d 62 , this court, upon appeal, approved the impressment of a lien on the Indian’s allotment of land for the attorney fees and cash advanced for costs by attorneys for the Indian. However, we remanded the case to the district court with instruction to ascertain and fix the reasonable sum for attorney fees instead of fixing the fees upon a contract which had been entered into between Lee Arenas and the attorneys. The district court complied with the conditions of the remand in a judgment and supplemental decree entered April 6, 1951. The district court’s decree was silent as to the interest on the sums so fixed. The decree did, however, provide:

It then provided in the next paragraph for the public sale of the lands and for the payment out of the proceeds of the sums referred to, together with expenses, and payment of the balance to the United States in trust for the plaintiff. 1 In the next paragraph of the decree the court provided for its…