Missouri, Kansas & Texas Ry. Co. v. United States, 235 U.S. 37 (1914)

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Missouri, Kansas & Texas Railway Company v. United States

No. 25

Argued October 28, 29, 1914
Decided November 9, 1914
235 U.S. 37

APPEAL FROM THE COURT OF CLAIMS

Syllabus

Whether the concession of lands in Indian Territory under § 9 of the Land Grant Act of July 25, 1866, c. 241, 19 Stat. 236, was a grant in praesenti or a covenant to convey, it was dependent upon fulfillment of the express conditions precedent that the Indian title be extinguished, and, when extinguished, become public lands of the United States, and those conditions have not been fulfilled.

A statute granting public lands or Indian lands which may become public lands will not be construed as including Indian lands afterwards allotted in severalty under a treaty made immediately before the enactment of the statute, as to do so would be to accuse the government of bad faith with the Indian owners of the land.

Grants from the government are to be strictly construed against the grantee.

47 Ct.Cl. 59 affirmed.

The facts, which involve the construction of § 9 of the Land Grant Act of July 28, 1866, and the provisions therein contained for grants of lands in Indian Territory on the extinguishment of the Indian title, are stated in the opinion.