25 U.S.C. § 371 — Descent of land
submitted 135 years ago by ch. 383 to r/title-25-INDIANS · 127 words · no verdicts yet
This law affects how land passes to a deceased Indian's heirs under section 348. If a man and woman lived together as husband and wife by Indian custom, their children count as legitimate. An otherwise illegitimate Indian child also counts as the father's legitimate child. This rule does not apply to the lands known as the Cherokee Outlet.
For the purpose of determining the descent of land to the heirs of any deceased Indian under the provisions of section 348 of this title, whenever any male and female Indian shall have cohabited together as husband and wife according to the custom and manner of Indian life the issue of such cohabitation shall be, for the purpose aforesaid, taken and deemed to be the legitimate issue of the Indians so living together, and every Indian child, otherwise illegitimate, shall for such purpose be taken and deemed to be the legitimate issue of the father of such child: Provided, That the provisions of this Act shall not be held or construed as to apply to the lands commonly called and known as the “Cherokee Outlet.”
Source credit: (Feb. 28, 1891, ch. 383, § 5, 26 Stat. 795.)
- 1891Enacted · Act of Feb. 28, 1891, ch. 383 · 26 Stat. 795
A history note hasn’t been published yet. The record shows enactment by ch. 383 on 1891-02-28.
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