Indian Land Titles in OKlahoma: Hearings...Pursuant to H. Res. 348 |
Common terms and phrases
Adair County adult Indians amendment apply appoint a guardian approve the deed attorney BARTHOLOMEW bill bring suit BRUMM Bryan County CHAIRMAN conveyances county court court having jurisdiction Court of Oklahoma deceased allottee deceased Indian defendant DIGGS existing in Oklahoma farmer Federal court Five Civilized Tribes full-blood heir full-blood Indian gentlemen Government guardianship HASTINGS HILL HOWARD of Oklahoma INDIAN AFFAIRS Indian citizen Indian died Indian heir Indian lands Indian Territory Indian tribes Indians in Oklahoma Interior Department involving judgment land is located land patented law in Oklahoma lawyer LEAVITT litigation lived matter Mc Curtain County oil and gas Okfuskee County Okla Oklahoma Supreme Court party Privett probate court Pushmataha County Quapaw question of fact reason relief res adjudicata residence restricted Indians restricted lands Secretary SHORT statement statute of limitations Supreme Court Tahlequah thing tion United States court United States Supreme VEASEY
Popular passages
Page 14 - That if any member of the Five Civilized Tribes of one-half or more Indian blood shall die leaving issue surviving, born since March fourth, nineteen hundred and six, the homestead of such deceased allottee shall remain inalienable, unless restrictions against alienation are removed therefrom by the Secretary of the Interior in the manner provided in section...
Page 14 - 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 full-blood 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 14 - April twentysixth, nineteen hundred and thirty-one; but if no such Issue survive, then such allottee, if an adult, may dispose of his homestead by will free from all restrictions; If this be not done, or In the event the issue hereinbefore provided for die before April twenty-sixth, nineteen hundred and thirty-one, the land shall then descend to the heirs, according to the laws of descent and distribution of the state of Oklahoma, free from all restrictions...
Page 14 - April 26, 1931, the land shall then descend to the heirs, according to the laws of descent and distribution of the state of Oklahoma, free from all restrictions: Provided further, that the provisions of section 23 of the act of April 26, 1906, as amended by this act, are hereby made applicable to all wills executed under this section.
Page 39 - As used in this division of this code, the phrase "incompetent person," "incompetent," or "mentally incompetent," shall be construed to mean or refer to any person, whether insane or not, who by reason of old age, disease, weakness of mind, or other cause, is unable, unassisted, properly to manage and take care of himself or his property, and by reason thereof is likely to be deceived or imposed upon by artful or designing persons.
Page 33 - ... by the United States in trust, or otherwise, for any purpose, are hereby authorized; and must be maintained and conducted in the same manner as are other ' condemnation proceedings provided for in this title; except, that in such proceedings, the summons and a copy of the complaint must be served on the United States district attorney for the district in which the land sought to be condemned is situated and also upon the United States surveyor general for this state.
Page 33 - Any one or more of the parties to a suit in the United States courts in the State of Oklahoma or in the State courts of Oklahoma to which a restricted member of the Five Civilized Tribes in Oklahoma, or the restricted heirs or grantees of such Indian are parties, as plaintiff, defendant, or intervenor, and claiming or entitled to claim title to or an interest in lands allotted to a citizen of the Five Civilized Tribes or the proceeds, issues, rents...
Page 33 - States may appear in said cause within twenty days thereafter, or within such extended time as the trial court in its discretion may permit, and after such appearance or the expiration of said twenty days or any extension thereof the proceedings and judgment in said cause shall bind the United States and the parties thereto to the same extent as though no Indian land or question were involved.
Page 14 - In all actions brought in any State court or United States court by any patentee, his heirs, grantees, or any person claiming under such patentee, for the possession or rents or profits of lands patented in severalty to the members of any tribe of Indians under any treaty between it and the United States...
Page 4 - States in which said land is situate shall be held to apply, and it shall be a complete defense to such action that the same has not been brought within the time prescribed by the statutes of said State the same as if such action had been brought for the recovery of land patented to others than members of any tribe of Indians.