United States v. Louis Hemmer

• Decision Date: 05 June 1916
• Docket Number: No. 86,86
• Citation: 36 S.Ct. 659,241 U.S. 379,60 L.Ed. 1055
• Parties: UNITED STATES v. LOUIS HEMMER, William W. Fletcher, J. E. Peart, et al
• Court: U.S. Supreme Court

241 U.S. 379

36 S.Ct. 659

60 L.Ed. 1055

UNITED STATES

v LOUIS HEMMER, William W. Fletcher, J. E. Peart, et al.

No. 86.

Submitted May 5, 1916.

Decided June 5, 1916.

Assistant Attorney General Knaebel for the United States.

Messrs. Lewis Benson and George Rice for Louis Hemmer et al.

Mr. Justice McKenna delivered the opinion of the court:

This suit was brought in the circuit court of the United States, eighth judicial circuit, district of South Dakota, southern division, by the United States, to remove clouds from the title to certain described lands, and to cancel certain instruments purporting to convey the lands, and praying that a certain judgment against the lands be declared no lien thereon, the ground of suit being that the conveyances and the judgment were obtained in opposition to the restrictions upon the alienation or encumbrance of the lands imposed by Congress.

After issue joined and hearing had the district court, successor of the circuit court, entered a decree in accordance with the prayer of the bill. 195 Fed. 790. The decree was reversed by the circuit court of appeals, and the case remanded to the district court, with directions to dismiss the bill. 123 C. C. A. 194, 204 Fed. 898. This appeal was then prosecuted.

The facts are the following: One Henry H. Taylor known and designated sometimes as Henry Taylor, is and was during the times with which the suit is concerned a Sioux Indian of the full blood, belonging to and a member of the Santee Sioux Band of Indians, and is not a member of and has never had any connection with the Winnebago Band of Indians.

On October 7, 1878, Taylor entered upon the lands as a homestead, they being part of the public domain, and subject to entry under the homestead laws of the United States then in force. He established and continued his residence, and made satisfactory proof of all facts required by law.

On June 6, 1890, a patent was issued to him which recited, among other things, that it was granted upon the express condition that the title conveyed thereby should not be subject to alienation or encumbrance either by voluntary conveyance or by judgment, decree, or order of any court, or subject to taxation of any character, but should remain inalienable and not subject to taxation for the period of twenty years from the date thereof, as provided by act of Congress approved January 18, 1881, 21 Stat. at L. 315, chap. 23. This act applied only to Winnebagoes.

Taylor continued to own the land until August 8, 1908, when he and his wife made a contract with J. E. Peart, one of the appellees, by which they agreed to convey the land to Peart in fee simple by warranty deed for the sum of $2,400, certain land to be accepted in payment of $550 of such consideration. Time was made the essence of the contract, and it was made binding upon the heirs, executors, administrators, and assigns of the parties.

September 8, 1908, Peart assigned the contract to William W. Fletcher, also one of the appellees herein. After this contract Taylor and wife took possession of the land taken in part payment of the consideration, and Peart took possession of the homestead land and paid the consideration in full.

Taylor and his wife refused to convey the homestead land to either Peart or Fletcher, and the latter instituted suit against them to compel specific performance, which suit resulted in a decree compelling such performance, and a deed was executed to Fletcher by a commissioner appointed by the court.

February 5, 1909, Fletcher conveyed the land by warranty deed to Louis Hemmer, who, in April, 1909, denied possession to Taylor, who attempted to remove with his family back on the land, and has since denied possession to him.

June 10, 1909, the United States issued a patent to Taylor which recited that he had established a homestead upon the land in conformity with the act of Congress of July 4, 1884 (hereinafter set out), and that therefore the United States, in consideration of the premises and in accordance with the provisions of said act of Congress, did and would hold the land (it was described) for the period of twenty-five years in trust for the sole use and benefit of Taylor, or for the sole use and benefit of Taylor, or, heirs, according to the laws of the state where the land was located, and at the expiration of that period would convey the same by patent to Taylor, or his widow and heirs, in fee, discharged of the trust and free of all charge or encumbrances whatsoever. It was declared that the patent was issued in lieu of one containing the twenty-year trust clause dated June 6, 1890, which had been canceled.

In 1894 and in every year since, the county treasurer of Moody county (appellee Henderson), its auditor (appellee Hornby), and board of county commissioners have assessed the land for taxation and levied taxes against it, and have caused it to be sold, and are asserting the right to tax the same. The other appellees assert interest in the land under tax sales.

It will be observed that Taylor made his preliminary homestead entry October 7, 1878, by virtue of the provisions of the act of March 3, 1875, 18 Stat. at L. 420¹, chap. 131, Comp. Stat. 1913, § 4611. The act gave Taylor, as an Indian having the qualifications it described (that is, who was born in the United States, was twenty-one years of age, the head of a family, and who had abandoned his tribal relations), the benefits of the homestead law, and provided that the title acquired by virtue of its provisions should not be subject to alienation or encumbrance, either voluntarily made or through proceedings in court, and should 'remain inalienable for the period of five years from the date of the patent issued therefor.'

Taylor, however, did not make his final proof until December 11, 1884, when he paid the final fees and received his final receipt and certificate. Prior to such final proof and compliance with the homestead laws Congress passed the act of July 4, 1884, 23 Stat. at L. 96, chap. 180, Comp. Stat. 1913, § 4612. It provided 'that such Indians as may now be located on public lands, or as may, under the direction of the Secretary of the Interior, or otherwise,...