Wilson v. Wall
73 U.S. 83 (1867)

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U.S. Supreme Court

Wilson v. Wall, 73 U.S. 6 Wall. 83 83 (1867)

Wilson v. Wall

73 U.S. (6 Wall.) 83

ERROR TO THE SUPREME

COURT OF ALABAMA

Syllabus

1. Semble that under the treaty of the United States with the Choctaws, in 1830, by which the United States agreed that each Choctaw head of a family desirous to remain and become a citizen &c., should be entitled to one section of land,

"and in like manner shall be entitled to one-half that quantity for each unmarried child which is living with him over ten years of age, and a quarter section to such child as may be under ten years of age, to adjoin the location of the parent,"

no trust was meant to be created in favor of the children. They were named only as measuring the quantity of land that should be assigned to the head of the family.

2. However this may be, if under the assumption that no trust was meant to be created, the United States have issued under the treaty a patent to a Choctaw head of a family, individually and in fee simple for all the sections, a purchaser from him bona fide and for value will not be affected with the trust, even though he knew that his vendor was a Choctaw head of a family, and in a general way that he had the land in virtue of the treaty.

3. Where it is sought to affect a bona fide purchaser for value with constructive notice, the question is not whether he had the means of obtaining and might by prudent caution have obtained the knowledge in question, but whether his not obtaining it was an act o

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