Tush-ho-Yo-Tubby v. Barr

This is an action of ejectment to recover a tract of land located to plaintiff, as a reserve, by the treaty of the United States with the Chickasaw Indians. Plaintiff alleges that he left said land unoccupied in the year 1838, and that ever since he has been beyond the limits of the United States, to wit: In the territory known as Indian Territory, west of the State of Arkansas and east of the Rocky Mountains.

To this declaration the defendant demurred. 1. Generally, that the cause of action is barred by the statute of limitations. 2. Because, admitting that since 1838 plaintiff has resided in…