Indian right of occupancy
Defined in 1 dictionary — Case Law
Definitions from Case Law
From 38 U.S. 195 - Meriwether Clark v. Andrew Smith · 1839Most cited · 259 citing opinions
The ultimate fee (encumbered with the Indian right of occupancy) was in the crown previous to the Revolution, and in the states of the Union afterwards, and subject to grant. This right of occupancy was protected by the political power, and respected by the Courts until extinguished; when the patentee took the unencumbered fee.