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25 U.S.C. § 194 — Trial of right of property; burden of proof
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in plain englishAI-generated · not legal advice
In court cases about property rights between an Indian and a white person, special rules apply. The white person must prove their case, not the Indian. This applies whenever the Indian shows they previously possessed or owned the property.
In any trial about who has the right to property, where an Indian is a party on one side and a white person is on the other, the burden of proof falls on the white person. This applies whenever the Indian shows a presumption of ownership, based on the fact that they previously possessed or owned the property.
the actual law source: uscode.house.gov ↗public domain
In all trials about the right of property in which an Indian may be a party on one side, and a white person on the other, the burden of proof shall rest upon the white person, whenever the Indian shall make out a presumption of title in himself from the fact of previous possession or ownership.
Source credit: (R.S. § 2126.)
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