State v. Greger

KONENKAMP, Justice.

Preface

[¶ 1] In an Agreement with the United States dated December 31,1892, the Yankton Sioux Tribe “ceded, sold, relinquished and conveyed” all its unallotted reservation land for a “sum certain” of $600,000.- Under firmly established doctrine, these words of absolute conveyance create a “nearly insurmountable presumption” that the reservation was diminished. Nevertheless, will the original boundaries remain intact because the Agreement further stated “all provisions of the [earlier treaty establishing the reservation] shall be in full force and effect, the same as though…