Page:Federal Reporter, 1st Series, Volume 8.djvu/755

PXA-0-WAH-ASH-KUM p. SORIN, 7il �Bill for Dower. �Walter B. Scates, for plkirttiff, �Hoyne, Horton e Hoym, F. W. Yonnff, Lmining^e Thompson, and Hitchcock, Dupee e Judah, iov Aetenaaxits, �Drummond, C. J. This was' a bill filed-on the seventh dayof April, 1877, for the assignaient of dower 'in fraetionai section 75' township 37 N., range 15 E., "in Cook co'unt'y, fllinois. The plaifetiff is an Indian woman of the Pottawatomi^ tribe, at present a resident of Kansa's, and claims dower as the -wife of Ash-kum, an Indian chief, towhom two sections of land were granted by a treaty made on the Tippecanoe aivery ou' the tw«nty-6eventh of Ootober, 1882; one of which waa the sectiott already referred to. By tEo third article of ^he treaty, "the United Statee agreed id grant to each of the fbllowing persons the quantity of land auneied to their names, which latid sliall be conveyed to them by pateut. " ' Aniong the Dames mentioned is that of Ash-kumj and the.quantity 'annexed te Ws name is t'wo sec- tions. After deacribing the list of persons, and tiie (^uantity of land '«.greed to be granted by the United' States, the article closes wM' the following words : ;Tae foregoing rfeservation shall be'selected lih'der ^the direction of the president of the United States^ after the la'iids shall have been fiurveyed, and the boundaries' to c'prirespond -mth the public survey." The land waa 'selected' under t&is treat^.'ana the seleetiou approved; by the president in March, '1837. A 'patent was not issued' uEttil -Novembor 3, 1864, and Hheti it issued to Ash-^tim andhisheirs. At thetime it issued Ash-kuinwa& doad, but ther.e,nas been an act of congress, long iu fbrce, which declares that a patent issued to a dead person shall take'effeut as.thotigh he wer^ living.' . �There have been two decisions of t'h'eSUpretoe bburt of the United States, one of which cases went up fi-om this cotirt under this treaty, which have declared what was the nature of the estate taken by Ash- kum under this treaty. Do'e v. Vf^ilson, 23 How. 457; and Cretvs v. Bivrsham, 1 Black, 352. Thos« cases decided that there was an estate conveyed to the reseirvee, capable of being transferred by deed, even before the land was selected or surveyed; that when selected and surveyed, and the patent issued, the patent operated so as to transfer by its terms a title to any one to whom the title had been legally conveyed by the original reservee. In Doe v. Wilson the res- ervee died before any patent was issued ; and, long before the patent had issued, the reservee, during his life, had made a conveyance by general warranty deed of the lands granted to him by the treaty; and the court decided that the person holding the grarit ��� �