Andreas

Andreas is an Indian and a member of the Agua Caliente band of Mission Indians commonly called the Palm Springs band. As plaintiff, he seeks to have declared void a deed by which he conveyed certain real property located in Palm Springs to the defendants Henderson and Upchurch.

Federal jurisdiction is invoked under 28 U.S.C. § 1331 , upon the ground that the controversy arises under the General Allotment Act, 24 Stat. 388 , 25 U.S.C.A. § 331 et seq., and the Mission Indian Act of January 12, 1891, 26 Stat. 712 , amended by the Act of August 24, 1954, 68 Stat. 791 .

The Mission Indian Act provides that certain reservation lands should be allotted to members of the tribe to be held in trust for a period, and on application of the Indian, to be conveyed to him in fee. Until a patent in fee is issued to the Indian, the land is held in trust by the Government and “ * * * if any conveyance shall be made of the lands set apart and allotted * * * or any contract made touching the same” (before the patent in fee is issued), “such conveyance or contract shall be absolutely null and void * * * ”. It is this quoted clause with which we are concerned.

On July 7, 1954, the United States of…