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Property Keyed to Merrill
Smith v. James
Citation:
2 Am. Tribal Law 319Facts
Appellant and appellees disagree about who has the exclusive rights to use and occupy the land located within the Village of Hotevilla upon which there are orchards and bean fields. Appellant asserts that her father and he gave her the property in 1954 in an oral will. Appellees claim, however, that pursuant to Hopi tradition, their mother, Mollie, got the land since she remained on the land and cared for her mother in her old age while Ruth Smith was disowned by the mother and lost her rights to inherit the land because she married a non-Hopi, moved off the reservation, and failed to participate in Hopi ceremonies. Consequently, appellees argue that because they have assumed the role of caring for the land, rights to the land transferred to them in accord with Hopi tradition.
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