25 U.S.C. § 347

Limitations of actions for lands patented in severalty under treaties

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In all actions brought in any State court or United States court by any patentee, his heirs, grantees, or any person claiming under such patentee, for the possession or rents or profits of lands patented in severalty to the members of any tribe of Indians under any treaty between it and the United States of America, where a deed has been approved by the Secretary of the Interior to the land sought to be recovered, the statutes of limitations of the States in which said land is situate shall be held to apply, and it shall be a complete defense to such action that the same has not been brought within the time prescribed by the statutes of said State the same as if such action had been brought for the recovery of land patented to others than members of any tribe of Indians.

Notes of Decisions

Cited in 7 cases, 1970–1987 · leading case: LaMear v. United States

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LaMear v. United States (1986) cc · cites it 4× “§ 2501 (1982) 1 (six years) and 25 U.S.C. § 347 (1982) (five years); (2) plaintiff lacks standing to sue; (3) the petition fails to state a claim upon which relief can be granted pursuant to R.”

E. Nedene Wardle v. Northwest Investment Company (1987) ca8 · cites it 2× “PLAINTIFFS’ CLAIMS AGAINST THE PRIVATE DEFENDANTS We turn to whether the statute of limitations of the Indian General Allotment Act, 25 U.S.C. § 347 , 3 bars plaintiffs’ action against the private defendants.”

Nichols v. Rysavy (1987) ca8 · cites it 3× “(4) Another potential source of limitation on appellants’ claims is 25 U.S.C. § 347 . I. HISTORICAL BACKGROUND.”

Horton Capoeman v. The United States (1971) cc “In 25 U.S.C. § 347 , provision is made for the application of state statutes of limitations in certain suits involving lands patented in severalty under treaties.”

Fields v. United States (1970) cc “Since under 25 U.S.C. § 347 (1964) 3 the Oklahoma statute of limitations, which in this case is 15 years, 4 would have to apply, the plaintiffs’ claim would be *197 timely since filed before 1970.”

Haymond v. Scheer (1975) okla “Only can such defenses, as limitations be raised when the conveyance by restricted Indian is made with the approval of the Secretary of the Interior, 25 U.S.C.A. § 347 . Lastly the judgment is claimed to be not sustained by the evidence and to be excessive.”

Taxability of Indian Treaty Fishing Income (1985) olc “25 U.S.C. §§ 347 , 348. The Court began its analysis in Squire with the principle, already established in prior cases,8 that “Indians are citizens and .”

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