Francis v. Francis
Francis v. Francis
Opinion of the Court
This is an action of ejectment. The plaintiff claims a life estate in the land in question under
By the terms of the treaty in question, the Chippewa Nation ceded to the United States certain lands described. There were reserved from the lands so ceded certain named tracts for the use of the Chippewa Nation. In addition to that, by article 3 of the treaty (page 204), it was provided :
“ There shall be reserved for the use of each of the persons hereinafter mentioned and their heirs, which persons are all Indians by descent, the following tracts of land: [after describing other tracts] For the use of the children of Bowkowtonden, six hundred and forty acres on the Kawkawling river. ”
That a good title to a portion of the lands of an Indian tribe may be granted to individuals by a treaty between the United States and the tribe, without an act of Con
The effect of this article 3, under which the title was reserved in this case to the children of Bowkowtonden, was considered by the Supreme Court in Stockton v. Williams, 1 Doug. 546. In that case it was distinctly held that the treaty operated as a grant, and that, by the true construction of the treaty, nothing remained to be done except to designate the particular lands to be passed. In that case the court was dealing with lands reserved to Mokitchenoqua, which were to be located at and near the Grand Traverse of Flint river in such manner as the President of the United States might direct. It was held that the location of the lands became a duty devolving on the President by the treaty; that this duty he could execute without an act of Congress, the treaty, when ratified, being the supreme law of the land, which the President was bound to see executed; that locality was given by the terms of the treaty, with an authority to locate afterwards
This same provision of the treaty again came before the court in Dewey v. Campan, 4 Mich. 565, in which the term “reservation” was again held to be equivalent to an absolute grant, and the title passed as effectually as if-a patent had been executed; that the title was conferred by the treaty; and that, while location was necessary to give it identity, when the location was duly made the title was consummated.
Again, in Campau v. Dewey, 9 Mich. 381, it was held that the title reserved by the treaty passed under the treaty,, and required no patent. We have not overlooked the statement of counsel that in this last case the subject was discussed only by the dissenting judge; but an examination of the case discloses that upon this question the other members of the court agreed with Justice Christiancy. Indeed, it was truly said by Justice Christiancy in that case, referring to Stockton v. Williams, supra:
“This decision has for 16 years been recognized as the law governing the titles under this treaty, at least, and these must be quite numerous, many of which have doubtless been bought and sold on the faith of this decision. We are therefore compelled to recognize it as a rule of property which we are not at liberty to disturb.”
As is suggested by the brief of defendants’ counsel, this •consideration appeals with still greater force at this time, when more than 50 years have elapsed since the decision in Stockton v. Williams, during which the doctrine of that case has doubtless been acted upon and considered as binding authority.
It only remains to be considered as to whether the words of the patent restricting alienation can be given effect.
It follows from these considerations, we think logically, that, the plaintiff being the heir of the children of Bow-kowtonden, and having the right to convey, a title by prescription can be gained, and the occupancy of defendants has ripened into such title. None of the considerations which are urged in the able briefs of counsel for plaintiff have escaped our attention, but we think these considerations must rule the case. The briefs upon both sides, prepared with unusual care, have been of great benefit to the court.
The judgment will be affirmed, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.