Page:Federal Reporter, 1st Series, Volume 8.djvu/759

PKA-O-TVAH-ASH-KCM V. SOBIN. 745 �lands. He must assert his rights agamst a trespasser, or a person in possession under the color of title, the same as any other person, The cases which have been cited by the counsel for ti^e plaintiff, ■where land belonging to the Indian tribes has been held not to be taxable under the law of the states, have no application to this case. Here the land was severed from the mass Of public lauds-by ihe grantj the selection of the president, and the issuing of thie patent, and the United States could make no claim that the land belonged to an Indian tribe, or to a member of an Indian tribe, as suicih, land I thinji the plaintiff haslost, as to tEe, land' thus in possession' dt' the defendants, all right to the maintenance of this bitU for dow^r; by the delay in the ajpplication. More than thirty yeaJrs! elapsed between the deith of her busband and the uling of this bill. Thiitfeeti.y'ears elfipsed between the issuing .of the patent and the filing of' the, bill. During all this time, or the greater part of it, some of this pi-operty has been held adversely under a grant from her busband. That ta. a case of an application for dower, on the part of the -widow, in lands held by her husband dufing coverture, the law of the stateon limita- tionsi applies, is sottled by several cases, Owen v. Peacock, 38 111. 33; Steele r.Gellatly, 41 lU. 39; Whiting v. Nic'hol, 46 111. 230; OUbertv. Reynolds, 51111. 51S. �The only question, therefore, is whether, because she is a Potta- •watomie woman, she is exempt from the operation of the general rules applicable in such cases; and whether any special disability attached to her social and political status? 1 think not, and there- fore I shall dismiss the bUl as to those defendants thus in pos- session. �In giving this opinion I do not wish to be understood as deeiding that some of the other defences made in this case may not be v^lid; "but I prefer to place the decisioA on the ground of the 'laches of the plaintiff. It is difficult,. for instance, fo believe, in view of lier hus- band's connection with the treaty of Tippeeanoe, he himself 'being one of the signers of that treaty, and the fact that he made a con- veyance of this tract of land long bef ore he left Indiana and went to Eansas, this claim was entirely unknown to his wif e ; but, Ijowevei that may be, it seems to me that when the title was conveyed by the government she must be placed in the same condition as any other person, and for the consequences of , her acts and her non-actioii, where the rights of third parties are concerned, she has jcio special immunily. :, ��� �