Francis v. Francis, 203 U.S. 233 (1906)

Francis v. Francis


No. 8


Submitted October 10, 1906
Decided December 3, 1906
203 U.S. 233

ERROR TO THE SUPREME COURT
OF THE STATE OF MICHIGAN

Syllabus

A title in fee may pass to an individual by a treaty without the aid of an act of Congress, and this rule, having become a rule of property in the State of Michigan in regard to lands reserved for Indians specified in the Chippewa Treaty of 1819, will not be disturbed, it not appearing that the treaty has been misinterpreted.

A patent to an Indian of land reserved to him by a treaty simply locates the land, the title to which passed under the treaty, and in the absence of any provision of the treaty, or any act of Congress, a restriction in the patent against alienation without the consent of the President is ineffectual, the President having no authority by virtue of his office to impose such a restriction.

Title to lands conveyed to an Indian in fee and which the Indian has power to alienate may be acquired by prescription.

136 Mich. 288 affirmed.

The facts are stated in the opinion.