Law Offices of Vincent Vitale, P.C. v. Tabbytite

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

Federal statute 25 U.S.C. § 410 (1994) insulates from the reach of creditors proceeds from the sale or lease of Indian allotment lands. A road which became public was illegally built on Bertha Mae Tabbytite’s allotment. More than two decades later, the land on which the road was located was formally taken in condemnation proceedings and a money judgment in her favor was entered. The main question in this case is whether the proceeds from this judgment are protected under section 410. We answer in the affirmative because we conclude that the judgment is…