Whittle v. Wolff

Plaintiff seeks to recover damages resulting from the removal of sand and gravel by defendant from land in which plaintiff claims an interest. Defendant appeals from a judgment for plaintiff.

Plaintiff is the guardian of Clifford Wilson, a member of the Klamath Indian Tribe, who was an “enrollee” of a parcel of Indian land. The United States, through the Bureau of Indian Affairs, conveyed the parcel to defendant by a deed containing the following reservation:

“All subsurface rights, except water, are hereby reserved in trust, for * * * Clifford Edgar Wilson * * *.”①

The reservation was inserted…