United States Supreme Court Cases & Opinions

U.S. Supreme Court

Mullen v. Simmons, 234 U.S. 192 (1914)

Mullen v. Simmons

No. 263

Submitted May 11, 1914

Decided June 8, 1914

234 U.S. 192

Syllabus

The policy of Congress in regard to restrictions upon alienation of allotments has been to protect Indians against their own improvidence, whether shown by acts of commission or omission, contracts or torts.

The prohibition contained in § 15 of the Act of July 1, 1902, as to affecting or encumbering allotments made under the act by deeds, debts, or obligations contracted prior to the termination of period of restriction on alienation applies to a judgment entered against an allottee, whether based on a tort or on a contract.

A tort may be a breach of a mere legal duty or a consequence of negligent conduct, and a confessed judgment based on a prearranged tort might hecome an easy means of circumventing the policy of the statutes restricting alienation of Indian allotments if alienation could be effected by levy and sale under such a judgment.

33 Okl. 184 reversed.

The facts, which involve the construction of the provisions of the Act of July 1, 1902, affecting alienation of

Page 234 U. S. 193

allottee lands, and the effect of judgments against the allottee, are stated in the opinion.

Page 234 U. S. 195