United States Supreme Court Cases & Opinions

U.S. Supreme Court

Privett v. United States, 256 U.S. 201 (1921)

Privett v. United States

No. 236

Argued March 18, 1921

Decided April 18, 1921

256 U.S. 201

Syllabus

1. A homestead allotment of a half-blood Creek Indian, who died intestate leaving surviving issue, a member of the tribe, born since March 4, 1906, remains inalienable under § 9 of the Act of May 27, 1908, c.199, 35 Stat. 312, during the lifetime of such issue, until April 26, 1931, if the Secretary of the Interior has not removed the restriction, and a deed made by the heirs in such circumstances is void. P. 256 U. S. 203.

2. A finding that a surviving son of a Creek allottee was born since March 4, 1906, held sustained by the evidence. P. 256 U. S. 203.

3. In a suit to set aside deeds of an Indian allotment made by the heirs of the allottee in contravention of a restriction on alienation imposed by Congress, wherein the validity of the conveyances depended on the date of the birth of a surviving minor son of the allottee, held that the United States was in no respect concluded by a finding of the date and a judgment upholding the conveyances, in a prior suit in the state court between the heirs and one claiming under the conveyances, to which suit the United States was not a party. P. 256 U. S. 203. 261 F.3d 1, affirmed.

THE case is stated in the opinion.

Page 256 U. S. 202