25 U.S.C. § 352a
Cancellation of patents in fee simple for allotments held in trust
The Secretary of the Interior is authorized, in his discretion, to cancel any patent in fee simple issued to an Indian allottee or to his heirs before the end of the period of trust described in the original or trust patent issued to such allottee, or before the expiration of any extension of such period of trust by the President, where such patent in fee simple was issued without the consent or an application therefor by the allottee or by his heirs: Provided, That the patentee has not mortgaged or sold any part of the land described in such patent: Provided also, That upon cancellation of such patent in fee simple the land shall have the same status as though such fee patent had never been issued.
Notes of Decisions
Cited in 14
cases, 1932–1987 · leading case: Nichols v. Rysavy, 610 F. Supp. 1245 (D.S.D. 1985).
Nichols v. Rysavy, 610 F. Supp. 1245 (D.S.D. 1985). “[25 U.S.C. § 352a and 25 U.S.C. § 352b]. LaFave, supra, at 69.”
United States v. Nez Perce Cnty., Idaho, 95 F.2d 232 (9th Cir. 1938). “1247 , 25 U.S.C.A. § 352a, the Secretary of the Interior was empowered, in his discretion, to cancel any patent in fee-simple issued to an Indian allottee or to his heirs-before the end of the period of trust described in the original or trust patent, or before the expiration of…”
Bordeaux v. Hunt, 621 F. Supp. 637 (D.S.D. 1985). “Less than 500 forced fee patents were “cancelled” under these statutes.”
Bd. of Com'rs of Caddo Cnty., Okl. v. United States, 87 F.2d 55 (10th Cir. 1936). “1247 , 25 U. S.C.A. § 352a, authorized the Secretary of the Interior, in his discretion, to cancel any patent in fee simple issued to an Indian allottee during the original trust period or any extension of it, if such patent was issued without the application or consent of the…”
Glacier Cnty., Mont. v. United States, 99 F.2d 733 (9th Cir. 1938). “1247 , 25 U.S.C.A. § 352a, canceled the fee patents of all save one of the Indians, on the ground that they had been issued without application or consent.”
Nichols v. Rysavy, 809 F.2d 1317 (8th Cir. 1987). “1247 , codified at 25 U.S.C. § 352a; and 46 Stat. 1205 , codified at 25 U.”
United States v. Bd. of Cnty. Com'rs, 13 F. Supp. 641 (N.D. Okla. 1936). “1247 , title 25 U.S.C.A. § 352a), and the amendment thereof of February 21, 1931 ( 46 Stat.”
United States v. Nez Perce Cnty., 16 F. Supp. 267 (D. Idaho 1936). “1247 [25 U.S.C.A. § 352a]), Congress passed an amended act which provides: “The Secretary of the Interior is hereby authorized, in his discretion, to cancel any patent in fee simple issued to an Indian allottee or to his heirs before the end of the period of trust described in…”
United States v. Ferry Cnty., 24 F. Supp. 399 (E.D. Wash. 1938). “§ 349 , approximately two years and the other was passed at the same session of the Congress practically simultaneously with it, and these acts must be construed together; and the subsequent act of February 26, 1927, 25 U.S.C.A. § 352a, is conclusive that the congress did not…”
Cnty. of Thurston v. Andrus, 586 F.2d 1212 (8th Cir. 1978). “See 25 U.S.C. § 352a. . See notes 5-7, 9 supra and accompanying text.”
United States v. Glacier Cnty., 74 F. Supp. 745 (D. Mont. 1947). “” Reference is made to 25 U.S.C.A. § 352a, enacted February 26, 1927, wherein relief provided was limited to cases where “the patentee has not mortgaged or sold any part of the land described in such patent”.”
United States v. Glacier Cnty., 17 F. Supp. 411 (D. Mont. 1936). “26, 1927, 25 U.S.C.A. § 352a, and of Feb. 21, 1931, 25 U.”
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