United States v. Hayes

STONE, Circuit Judge.

In pursuance of the Treaties of 1826 (7 Stat. 286), 1832 (7 Stat. 366), and 1833 (7 Stat. 417), the *875United States issued a patent, dated August II, 1852, to the Muscogee or Creek Tribe of Indians to a large body of land which included portions of the Arkansas river and of its tributary, the Cimarron river. This grant was to the Creeks as a nation and not to the individual members of that tribe. Treaty, 7 Stat. 417, 419; patent, paragraphs “Art. Ill” and “Art. IV” and the granting clause. This grant was in the nature of a defeasible or terminable fee, being “in fee simple…