The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 5
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LA MOTTE V. UNITED STATES
Ark. 97, 113 S. W. 1014; White-Wilson-Drew Co. v. Egelhoff, 96
Ark 105, 131 S. W. 208.
[7, 8] Infants are not liable on contracts not for necessaries, but it
has been uniformly held that, if, after becoming of age, they execute
a new contract in writing, they will be liable on it. Watkins v. Was-
sell, 15 Ark. 73; Barnaby v. Barnaby, 1 Pick (Mass.) 221; American
Mortgage Co v. Wright, 101 Ala. 658, 14 South. 399; Ward v. Ander-
son, 111 N. C. 115, 15 S. E. 933; Houlton v. Manteuffel, 51 Minn. 185,
53 N. W. 541. An infant may be estopped by acquiescence after he
becomes of age. Brazee v. Schofield, 124 U. S. 495, 504, 8 Sup. Ct. 604,
31 L. Ed. 484.
The judgment is right, and is affirmed.
LA MOTTE et al. v. UNITED STATES.
UNITED STATES v. LA MOTTE et al.
(Circuit Court of Appeals, Eighth Circuit. January 30, 1919.)
Nos. 5090, 5129.
1. INDIANS :10--INDIAN LANDS--GRANTS-CONDITIONS.
The United States, as owner of the fee of lands allotted to Indians
may impose such conditions as it sees fit in its grant to them.
2. INDIANS =15(1)-LANDs-ALIENATION-RESTRICTIONS.
The United States, as guardian of tribal Indians, may impose such re-
strictions on their alienation of lands allotted as may seem advisable for
their protection and welfare.
3. INDIANS 16(3)-LANDS-LEASES.
Under First Allotment Act June 28, 1906, 1 2-7, 12, held that the
Secretary of the Interior is required to approve a lease of lands allotted
under the statute and held by minors or other incompetent Indians,
whether suth lands came to them by allotment, descent, or devise, and
whether the lease n as arranged by a parent, guardian, or administrator,
who might or might not be a nonmember of the tribe, or an Indian cer-
tifed as competent, or was approved by the state county court.
4. INDIANS Q:16(3)-IADs-LEAES.
Under Osage Allotment Act, f 2-7, 12, where lands are held by tenants
in common, part of n hom are incompetent and part competent, or non-
memhers of the tribe, a lease to be valid must be approved by the Secretary
of the Interior; the remedy of the competent tenant being to seotre
partition in accordance with Act April 18, 1912, c. 83, $ 6.
5, INDIANS X16(3)-LA N D-LEASEB.
Under the Osage Allotment Act of June 28, 1906, held that, though re-
strictions as to alienation removed from surplus lands do not, where
the lands have been conveyed or devised, etc., follow the land into
whosesoever hands it mnay pass, yet a lease of lands owned by noncompe-
tent Indians, to be valid, must be approved by the Secretary of the In-
terior, though it has come to them through descent, devise, or purchase
from or through competent or nonmembers of the tribe.
6. INDIANS 0=16(3)-LANDS-LEAsEs-FORMS.
Under the Osage Allotment Act of June 28, 1906, which requires leases
of the lands of noncompetent Indians to be approved by the Secretary
of the Interior, and in view of section 12 declaring that all things neces-
sary to carry into effect the provisions of the act shall be done, the Secte-
4:For other cases see same topic &KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/19/: accessed December 16, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.