delivered the opinion of the court.
This action was brought to recover $250, the contract, price for certain fence posts which it is alleged were sold and delivered by the plaintiff to the defendant. The answer consists of a general denial, a plea of payment, and an allegation that at the time of making the contract the plaintiff was a Flathead tribal Indian, and an allottee of land from the United States, that the contract was made conditionally that it be approved by the United States, and that such approval was never obtained. The affirmative allegations were put in issue by reply. The trial resulted in a verdict and judgment in favor of plaintiff for the full amount demanded, and from the judgment and an order denying him a new trial the defendant has appealed.
1. It is insisted that the state court did not have jurisdiction
2. It is urged that the contract in question is void under section 5 of an Act of the Congress approved February 8, 1887 (Chap. 119, 24 Stats, at Large, 389; 3 Fed. Stats. Ann. 492). That statute provides for a trusteeship in the United States of the allotted lands for a period of twenty-five years, and then continues: “And if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void.” It is urged that this section is controlling because it appears from' the evidence that the contract for the sale of the posts included also an agreement on the part of the defendant to lease plaintiff’s lands which had been theretofore allotted to her. But by the Act of February 28, 1901, Chapter 383 (26 Stats, at Large, 794), Indian allottees were given permission to lease land under certain conditions and restrictions. Just what regulations were promulgated by the Secretary of the Interior is not made to appear; but it does appear that the lease as finally made was approved' by the Indian agent in charge. In any event, the defendant went into possession of plaintiff’s land, and had the use of it. Under these circumstances, we are not
3. The evidence is sufficient to sustain the verdict if the jury believed the plaintiff’s testimony, and that they did so is evidenced by the verdict returned. The plaintiff's theory was that the sale of the posts was complete and unconditional. The defendant insists that he agreed to purchase the posts and pay $250 for them only on condition that the Indian agent would approve the posts as satisfactory for the purpose of improving allotted land, and that he refused to give his consent. These theories were properly submitted to the jury, and with their determination thereon we cannot interfere.
4. Counsel for appellant insists that the posts were a part of
5. It is insisted that the evidence fails to show that the
6. Complaint is made of the action of the trial court in permitting the plaintiff to testify that the defendant actually used
The judgment and order are affirmed.
Affirmed.