Thompson v. Doaksum

Searls, C. — Action to quiet title to a tract of land in Plumas County.

Plaintiff had judgment, and defendants appeal.

On the thirtieth day of July, 1878, one D. D. Blunt received from the government of the United States a patent for the land in question, under a homestead filing made in 1873, and the title thus acquired is vested in the plaintiff.

The bill of exceptions shows that at the trial defendants offered" evidence tending to prove the allegations of their answer numbered 4th, 5th, 6th, and 7th, to which plaintiff objected, which objection was sustained by the court, upon the ground that said allegations were, and any evidence tending to prove them was, immaterial, and this ruling is assigned as error.

Defendants are Indians, belonging to a tribe generally known as the Big Meadows tribe, and called in their own language as the Nahkomas.

The allegations of the answer sought to be sustained by the testimony offered are, in substance and effect, that, at a time unknown to defendants, but which they are informed and believe, and therefore allege, was prior to October 1, A. D. 1492, said lands being vacant, unoccupied, and unclaimed, the ancestors and predecessors of defendants discovered, entered upon, claimed, and occupied said tract of land, and built their dwellings thereon, and that ever since said date defendants and their said ancestors and predecessors have continuously owned, claimed, and occupied said land, and used the same for a village site and burial-place, and for supplies of water, fuel, etc., according to the customs and necessities of their people; that the right thus acquired has never been ceded, sold, granted, transferred, or relinquished to any nation, government, state, or individual, but remains to them by right of discovery and occupation.

That no treaty has ever been made by them with any state or government, for their support, maintenance, or [595]education, and no proceedings have ever been had by which their title to said land has been extinguished.

The right or title attempted to be set up by appellants has the merit of age, if no other.

The relation of the Indians to the lands they occupied, their title thereto, their power of alienation, and the mode of its accomplishment were questions much discussed in the earlier days of our government.