Smith v. James

2 Am.Tribal Law 319 (1999)

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Nature of the Case

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Facts

There is a tract of farming land over which the parties disagree about who has exclusive rights to use and occupy the land. D asserts that her father gave her the property in 1954 in an oral “will.” Ps 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 D was “disowned” by her 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. D and her son placed metal fencing stakes on the property and planted fruit trees. Ps allege these modifications interfere with their use of the property and are contrary to the Hopi way. Ps requested that D remove the stakes. D sought the advice of counsel who wrote to Pa stating that D had rights to the land and further informing Ps that if they “persisted in harassing” D she would be forced to take legal action. Ps requested that the Village resolve the dispute between the parties. Ps filed a Petition for a Preliminary Injunction in the Hopi Tribal Court. The Village Board of Directors requested that the Hopi tribal court resolve the matter. Ps' amended their petition to include a Quiet Title action. D answered with a counterclaim requesting the court issue an order quieting Ps' title. The trial court judge ordered a hearing to be held on the issue of ownership and relinquishment of land by female members of Hotevilla who marry non-Hopis and live outside the reservation for an extended period of time. A trial was held on June 25, 1995. The trial court found for Ps. D appealed.