Concerning Land Titles of the Five Civilized Tribes of Oklahoma: Hearings...on H.R. 1200, H.R. 1197, and H.R. 1199...1945 - 85 pages |
From inside the book
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Page 4
... heirs of members of the Five Civilized Tribes . Up to that time the lawyers and the courts generally in Oklahoma were in doubt as to whether or not the district courts , under the general grant of jurisdiction to the State courts by the ...
... heirs of members of the Five Civilized Tribes . Up to that time the lawyers and the courts generally in Oklahoma were in doubt as to whether or not the district courts , under the general grant of jurisdiction to the State courts by the ...
Page 9
... heirs and succeeding heirs , as long as they continue to be restricted . Now in the case of the Five Civilized Tribes , the situation is entirely different . The patent passes , the title vests . The heirs take a vested , definite ...
... heirs and succeeding heirs , as long as they continue to be restricted . Now in the case of the Five Civilized Tribes , the situation is entirely different . The patent passes , the title vests . The heirs take a vested , definite ...
Page 11
... heirs never passed and the proceedings are absolutely void . Mr. SEMPLE . That is right . Mr. FLANERY . Isn't it possible that it would operate to transfer the Indian titles from the heirs to a non - Indian ? Mr. SEMPLE . Mr. Flanery ...
... heirs never passed and the proceedings are absolutely void . Mr. SEMPLE . That is right . Mr. FLANERY . Isn't it possible that it would operate to transfer the Indian titles from the heirs to a non - Indian ? Mr. SEMPLE . Mr. Flanery ...
Page 12
... heirs . Mr. SEMPLE . Yes , sir . Mr. FERNANDEZ . And all the other heirs were brought into the picture . Mr. SEMPLE . Yes , sir . I can tell you one case and I will not name the party . There is a case which has been presently in my ...
... heirs . Mr. SEMPLE . Yes , sir . Mr. FERNANDEZ . And all the other heirs were brought into the picture . Mr. SEMPLE . Yes , sir . I can tell you one case and I will not name the party . There is a case which has been presently in my ...
Page 16
... heirs , and Whereas the Circuit Court of Appeals has also held in a recent decision styled United States v . Williams ( 139 Fed . ( 2d ) 83 ) , that lands purchased by full - blood Indians are restricted in the hands of his heirs , and ...
... heirs , and Whereas the Circuit Court of Appeals has also held in a recent decision styled United States v . Williams ( 139 Fed . ( 2d ) 83 ) , that lands purchased by full - blood Indians are restricted in the hands of his heirs , and ...
Common terms and phrases
47 Stat act of Congress Act of January Act of June allotted lands allottee April 12 April 26 Berkeley L bill to validate certiorari Chairman Cherokee Chickasaw Choctaw Circuit Court Committee on Indian Congressman consent and approval conveyances county court Court of Appeals courts of Oklahoma decision decree deed Department DISNEY District Court enactment FERNANDEZ filed Five Civilized Tribes FLANERY fraud full-blood heirs full-blood Indian heirs funds Hellard Hughes County Indian Affairs Indian lands Indian Territory indispensable party inherited lands interest Interior invalid involved January 27 Judge Rice June 14 lands of full-blood lawyers legislation litigation loans MARLIN Meadors ment MUNDT notice oil companies Oklahoma Supreme Court opinion partition lands partition proceedings passed probate attorneys question removed rendered restricted Indians restricted lands restrictions against alienation SCHWABE Secretary Section 9 SEMPLE Senate statute of limitations STIGLER suit Superintendent Supreme Court void WHITE
Popular passages
Page 79 - If any provision of this act, or the application of such provision to any person or circumstances shall be held invalid, the remainder of the act, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
Page 81 - Be it enacted by the Senate and House of Representatives of the Lnited States of America in Congress assembled, That...
Page 46 - Provided, That where the entire interest in any tract of restricted and tax-exempt land belonging to members of the Five Civilized Tribes is acquired by inheritance, devise, gift, or purchase, with restricted funds, by or for restricted Indians, such lands shall remain restricted and . tax-exempt during the life of and as long as held by such restricted Indians, but not longer than April 26, 1956, unless the restrictions are removed in the meantime in the manner provided by law...
Page 41 - Persons who not only have an interest in the controversy, but an interest of such a nature that a final decree cannot be made without either affecting that interest, or leaving the controversy in such a condition that its final termination may be wholly inconsistent with equity and good conscience.
Page 44 - In our opinion, the combination described in the declaration is a combination " in restraint of trade or commerce among the several States," in the sense in which those words are used in the act, and the action can be maintained accordingly.
Page 83 - Budget and, therefore, no commitment can be made concerning the relationship of the views expressed herein to the program of the President. Sincerely yours, ORME LEWIS, Assistant Secretary of the Interior.
Page 42 - The Indians are not here seeking to establish any power or capacity in themselves to dispose of the lands, but only to prevent a threatened disposal by administrative officers in disregard of their full ownership. Of their capacity to maintain such a suit, we entertain no doubt. The existing wardship is not an obstacle, as is shown by repeated decisions of this Court, of which Lone Wolf v. Hitchcock, 187 US 553 is an illustration.
Page 23 - We will now adjourn until to-morrow morning at 10 o'clock. (Thereupon, at 12 o'clock noon, the committee adjourned...
Page 29 - That the death of any allottee of the Five Civilized Tribes shall operate to remove all restrictions upon the alienation of said allottee's land : Provided, That no conveyance of any interest of any fullblood Indian heir in such land shall be valid unless approved by the court having jurisdiction of the settlement of the estate of said deceased allottee...
Page 4 - That the persons and property of minor allottees of the Five Civilized Tribes shall, except as otherwise specifically provided by law, be subject to the jurisdiction of the probate courts of the State of Oklahoma.