Joseph McKenna

“ The prohibition, then, is that the lands shall not be 'affected . . . by any obligation of any character,' and, as we have seen, an obligation may arise from a tort as well as from a contract,-from a breach of duty or the violation of a right. Exchange Bank v. Ford, 7 Colo. 314, 316, 3 Pac. 449. If this were not so, a prearranged tort and a judgment confessed would become an easy means of circumventing the policy of the law. ”

“ Bonner is a member and citizen of the Choctaw Tribe of Indians, of one-sixteenth degree of Indian blood, and that the lands described constitute his allotment as a member and citizen of such tribe; that the judgment upon which the execution was issued was rendered and the debt evidenced by it contracted more than five years prior to the issuance of the execution, and at a time when the lands were inalienable, and that under the laws of the United States and the treaties between the Chickasaw and Choctaw Nations and the United States the lands were exempt from the operation of the judgment. ”

“ Rep. 358, that the title to lands allotted to Indians was 'retained by the United States for reasons of public policy, and in order to protect the Indians against their own improvidence.' It was held, applying the principle, that a warranty deed made by Long Jim at a time when he did not have the power of alienation 'was in the very teeth of the policy of the law, and could not operate as a conveyance, either by its primary force or by way of estoppel,' after he had received a patent for the land. ”