196 N.Y. 318 | NY | 1909
The action was brought by the plaintiff under article V, title 1, chapter 14 of the Code of Civil Procedure to compel the determination of a claim to real property. The complaint alleged possession and ownership in fee of lands commonly known as the Allegany and Cattaraugus reservations, situated in the counties bearing those names; that the plaintiff had been in possession of said real estate more than one year, claiming to own them in fee; that the defendant unjustly claimed an estate or interest in such property by and under various mesne conveyances from the state of Massachusetts, and prayed judgment that the defendant and all claiming under him be barred from all claim, estate or interest in said real estate. The defendant answered denying both the title and possession of the plaintiff, and set forth his own claim as successor in interest of the right of pre-emption of the state of Massachusetts to own the lands in fee subject only to the plaintiff's right of occupancy. The action was brought on for trial before the court and jury. At the conclusion of the evidence each party asked for the direction of a verdict in its favor. By consent the court reserved its decision, it being stipulated that thereafter the court might direct a verdict in favor of the party deemed entitled thereto as if the same had been done on the trial of the action. The defendant's motion was based on these grounds: That the defendant was the owner in fee of the lands in dispute and entitled to the pre-emption of the plaintiff's tribal right of occupancy; that the plaintiff had not *320 been in possession for one year before the commencement of the action, or during any time, of the lands in suit; that the plaintiff had a mere tribal right of occupancy; that the plaintiff had not for any time claimed an estate in fee or for life or for a term of years. Subsequently the court directed that a verdict be entered as if given by the jury on trial that "the plaintiff has no cause of action and the defendant is the owner in fee of the premises subject to the right of occupancy of the Seneca Nation of Indians, which right of occupancy will cease only with the dissolution of said Nation or its consent to sell to the owner of the right of pre-emption, and that defendant is possessed of the right of pre-emption of such right of occupancy." From the judgment entered upon this verdict the plaintiff appealed to the Appellate Division where the judgment was affirmed by a divided court.
The main question involved in this controversy is the respective rights and title of the Seneca Nation of Indians and of the defendant as successor in interest and assignee of the right conferred upon the state of Massachusetts under the treaty made between that state and this state in the year 1786. The question has been argued before us by the respective counsel of the parties with great ability and an industry of research not merely in judicial decisions, but in historical lore that could not well be surpassed. Interesting as the question is we shall not discuss it, for we are entirely clear that the courts below had no power to determine it in this action, nor have we the power to review on this appeal the merits of the decision of it made by them. As is well known, the status of the Indian nations or tribes is anomalous. They are not citizens of the state and their tribes, though not treated as independent foreign nations, are not subject to the jurisdiction of the state to the same extent as its citizens. It is the settled law that neither the tribe nor its individual members can maintain an action to recover the property of the tribe without special authority. (Johnson v. Long Island R.R. Co.,
Nor is it at all a subject of regret that we find that the action cannot be maintained. On the contrary, we think it eminently wise of the legislature not to have authorized a determination now of questions which may not arise until the remote future, and whose determination, when they arise, may be seriously affected by considerations we cannot now foresee. The purpose for which actions to determine claims to real estate are authorized is to secure possession and quiet titles, for it is to the interest of the community that real estate shall be readily transferable and that the titles thereto shall be reasonably marketable. In the case of ordinary ownership the title of property is apt to be transferred every few years, but as so often pointed out by our courts, the status of the Indians is anomalous and their right sui generis. Whatever may be the controversy between the parties to this action it is conceded, and it is indisputable if it were not conceded, that the Indians may occupy their land, utilize it as they see fit and enjoy its fruits to the fullest extent as long as the tribe or nation continues to exist. Under the Federal decisions the Indians on government lands may cut timber for use connected with their occupation of the land or to improve the land for the purpose of cultivation, but not solely for sale. (U.S. v. Cook,
The judgments of the Trial Term and Appellate Division should be reversed and complaint dismissed, without costs to either party in any court.
GRAY, VANN, WERNER, WILLARD BARTLETT, HISCOCK and CHASE, JJ., concur.
Judgments reversed, etc.