Title 25 — Indians
Chapter 10 — Descent and Distribution; Heirs of Allottee
§ 379. Sale of allotted lands by heirs
Statutory text
The adult heirs of any deceased Indian to whom a trust or other patent containing restrictions upon alienation has been or shall be issued for lands allotted to him may sell and convey the lands inherited from such decedent, but in case of minor heirs their interests shall be sold only by a guardian duly appointed by the proper court upon the order of such court, made upon petition filed by the guardian, but all such conveyances shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey a full title to the purchaser, the same as if a final patent without restriction upon the alienation had been issued to the allottee. All allotted land so alienated by the heirs of an Indian allottee and all land so patented to a white allottee shall thereupon be subject to taxation under the laws of the State or Territory where the same is situate: Provided, That the sale herein provided for shall not apply to the homestead during the life of the father, mother or the minority of any child or children.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 57–888 § 7 · 32 Stat. 245
Enacted · 25 U.S.C. § 379
(May 27, 1902, ch. 888, § 7, 32 Stat. 275.)
Source evidence
Code source credit
(May 27, 1902, ch. 888, § 7, 32 Stat. 275.)Enacted provision · exact public law section
Sec. 7. That the adult heirs of any deceased Indian to whom a trust Lands inherited from Indians may be conveyed in fee. or other patent containing restrictions upon alienation has been or shall be issued for lands allotted to him may sell and convey the lands inherited from such decedent, but in case of minor heirs their interests Minors. shall be sold only by a guardian duly appointed by the proper court upon the order of such court, made upon petition tiled by the guardian, but all such conveyances shall be subject to the approval of the Secretary of the Interior, and when so approved shall convey a full title to the purchaser, the same as if a final patent without restriction upon the alienation had been issued to the allottee. All allotted land Taxation. so alienated by the heirs of an Indian allottee and all land so patented to a white allottee shall thereupon be subject to taxation under the laws of the State or Territory where the same is situate: Provided, Proviso. Restriction. That the sale herein provided for shall not apply to the homestead during the life of the father, mother or the minority of any child or children.
1 of 1 references resolved to an enrolled provision
Credits
(May 27, 1902, ch. 888, § 7, 32 Stat. 275.)