Title 25, IndiansRelease 119-102
§194 Trial of Right of Property; Burden of Proof
Title 25 › CHAPTER 5 — PROTECTION OF INDIANS › § 194
Summary
If an Indian shows prior possession of property in a dispute with a white person, the white person must prove they own it.
Full Legal Text
Title 25, §194
Indians, Source: USLM XML via OLRC
In all trials about the right of property in which an Indian may be a party on one side, and a white person on the other, the burden of proof shall rest upon the white person, whenever the Indian shall make out a presumption of title in himself from the fact of previous possession or ownership.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification R.S. § 2126 derived from act June 30, 1834, ch. 161, § 22, 4 Stat. 733.
Reference
Citations & Metadata
Citation
25 U.S.C. § 194
Title 25, Indians
Last Updated
Aug 21, 2026
Release point: 119-102