Milne v. Leiphart

Plaintiff brought this action to quiet title to certain land in Pondera county alleged to belong to him.

The answer alleges that Josephine Leiphart is the owner in fee simple of the land; that plaintiff’s claim-of title is based upon tax deed proceedings which are void in that, first, the land was immune from taxation because it was Indian trust patent land and, second, that the notice of application for tax deed was not served in the manner required by law.

The answer by way of cross-complaint alleges that defendant Josephine Leiphart is a member of the Blackfeet Tribe of Indians and a ward of…