v» ■■ THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW TITLE DIGEST of the Lands of Eastern Oklahoma A Chart Showing When and What Lands Can Be Alienated, and by Whom, Includ- ing the Sections of All the Acts Applicable and the Courts' Decisions Thereon. By R. P. HARRISON MUSKOGEE, OKLAHOMA Feb. 1. 1917 model printing company muskogee T INTKOl) U ( TION Every lawyer who has had occasion to investigate land titles of Eastern Oklahoma has felt very greatly the need of a hand book, from which could be obtained quickly the information as to when an allotment of land becomes subject to alienation. The purpose of the Title Digest is to furnish this information not only by brief, direct statement of the time when such alienation could be made, but to support such statement with the particular sections of the Acts of Congress giving the authority, and a digest of the decisions of the courts on those sections and the Acts. In order to simplify and place before the inquirer in an accessible manner this information the lands have been classified in the same terms used by the statutes and the courts, as follows : HOMESTEADS INHERITED HOMESTEADS, SURPLUS, INHERITED SURPLUS, Also TOWN LOTS and SEGREGATED LANDS. The chart sections give the information as to what periods of time the above lands are subject to alienation by the members of each of the Five Civilized Tribes in this arrangement: ADULTS (who are) NON-INDIANS MIXED-BLOOD INDIANS FULL-BLOOD INDIANS MINORS (who are) NON-INDIANS MIXED-BLOOD INDIANS FULL-BLOOD INDIANS With the chart for each nation or tribe is given the law of descent of that tribe. Each statement of the chart refers by number to the sections of the Acts of Congress and the digests of the decisions of the courts, all of which are reproduced in the following pages, enabling the examiner to investi- gate for himself the authority for the statements made in the chart. The digests of decisions include those of the United States District Courts United States Circuit Court of Appeals United States Supreme Court Supreme Court of the State of Oklahoma It is hoped that the plan of the Title Digest pre- sents in a convenient form the information which is ab- solutely necessary to the examination of titles, and which it is so impossible for an attorney to keep in mind, and yet so formidable as an object of search, time after time, in each instance. R. P. HARRISON. 741250 First Removals of Restrictions by the Secretary of the Interior in the various nations : Cherokee, First Removal December 3, 1904 Choctaw, First Removal December 3, 1904 Seminole, First Removal April 15, 1905 Chickasaw, First Removal April 15, 1905 Creek, First Removal October 23, 1903 Creek Nation TITLE DIGEST (REEK NATION DESCENT Until Oct. 1, 1898, the ("reck law. (i) Thereafter _ until May 25, 1901, the 49th c. of Mansfield's Digesl of Arkan- sas. (2) Thereafter n mil .Inly 1, 19 02, the Creek law. (3) Thereafter until August 8, 1902, 49th c. Mansfield's Digest of Arkansas. Thereafter until Nov. 16, 1907, the 49th c. of Mansfield's Digest of Ark., with the priviso in Sec. 6 of the Supplemental Treaty. (4) Thereafter from Nov. 16, 1907, the Oklahoma law. (5) ADULT ALLOTTEE: HOMESTEAD NON-INDIAN — Until April 26, 1906, could alienate by will, providing be had no surviving issue born after May 25, 1901. <«) From April 26, 1906. to July 26, 1908, could alienate by will. (7) After July 26, 1908, all restrictions removed. (S) M IXED-BLOOD — Until April 26, 1906, could alienate by will, providing he hail no surviving issue born after May 25, 1901. <) (8) (11) And could also alienate utter removal of restrictions by the Secretary of the Interior. (8) MINOR ALLOTTEE: NON-INDIAN — Until July 26, 1908, could not alienate. ((>) After July 26, l!i(is. could sell through probate court. (8) MIXED-BLOOD — Until July 26, 1908, could not alienate. «i) Alter July 26, 1908, if less than half-blood could sell through probate court, if half-blood or more ami still a minor by that date, could not alienate until April 26, 1931, excepting on removal of restrictions by the Secretary of the Interior ami then through probate court. (8) FULL-BLOOD Until July 26, L908, could not alienate. «i) \itii' .Inly 26, L908, could alienate on removal of restric- tions by the Secretary of the Interior and then through probate court. (8) T I T L E D I G R S T REFERENCE (HART— (REEK NATION (Ror the text of the sections, extracts and chapters and for rul- ing cases named below, see pages following these Digest pages.) 1. See the Creek Nation Law of Descent; but as allotment of lands was not made until alter the repeal of the Creek law, by the Curtis Act of June 28, 1898, effective in the Creek Nation October 1, 1898 (30 Stat. 495), there was no real estate sub- ject to its operation. 2. See Sec. 26, and 28 of the Curtis Art, June 28, 189S I 30 Stat. 495), which by abolishing the Tribal laws and Tribal courts, made effective the 4 9th chapter of Mansfield's Digest of the Laws of Arkansas, previously adopted by Sec. 3 and 31 of the Act of May 2, 1890 (26 Stat. 81), but restrained its applica- tion by the proviso in Sec. 30, thereby continuing the jurisdic- tion of the Tribal courts over matters between citizens, until the Indian Appropriation Act of June 7, 1897 (30 Stat. 83), partially, and the Curtis Act wholly, made the Arkansas law operative. See Washington v. Miller, 235 U. S. 424 and Woodward v. DeGraffenried, 238 U. S. 284. 3. Sec. 7 and 2 8 of the Original Creek Agreement, ratified May 25, 1901 (31 Stat. 861). Indian Appropriation Act approved May 27, 1902 (32 Stat. 245), effective by Resolution of Congress July 1, 1902 (30 Stat. 742). See Sizemore v. Brady, 2 35 U. S. 44 8. 4. Sec. 6 of the Supplemental Creek Treaty, effective A.ug. 8, 1902 (32 Stat. 500). Indian Appropriation Act of May 27, 19 02 (32 Stat. 245), and Resolution of Congress making it ef- fective July 1, 1902 (32 Stat. 742). 5. Art. 4, chap. 82 Revised Laws of Oklahoma, 1910, page 2269, Sec. 8416 to 8435 inclusive, repeating previous statutes excepting the two sections on escheat to the state. See opinion in Bartlett v. Okla Oil Co., 218 Red. 380. Grant N. Jefferson et al., v. Wm. J. Cook et al. ( Supreme Ct. Okla., 7453, on appeal. (>. Sec. 11 of the Original Curtis Act (30 Stat. 495): Sec. 4, 6, 7, and 28 of the Original Creek Treaty. March l, L901 (31 Stat. 861 ), and Sec. 16 of the Supplemental Creek Treaty, June 30, 1902 (32 Stat. 500), which provided for the allotment of the lands of the Creek Nation among the members thereof and placed restrictions upon its alienation. Ror the right to will al- lotment and in the absence of such will where there was no sur- viving issue born after May 25, 1901, for its descent tree from restrictions see U. S. v. Cook et al.. 225 Fed. 756; Reed v. Weltv, 197 Red. 419; Skelton v. Dill, 225 U. S. 206. T I T L E DItiEST INHERITED HOMESTEAD AIM l/l HEIR: NON-INDIAN — Until April 26, 1906, could alienate it deceased allottee lefl bo restricting will, or surviving issue born after May 25, 1901. (<») Alter April 26, 1906, where allottee died after that date, all restrictions removed. (7) MIXED-BLOOD — Until April 26, 1906, could alienate pro- viding deceased allottee left no restricting will, or surviving issue born alter .May 25, 1901. (O) After April 26, 1906, where allottee died after that date all restrictions removed. (7) FULL-BLOOD — Until April 26, 1906, could alienate pro- viding deceased allottee left no restricting will, or issue sur- viving born alter May 25, 1901. ((») From April 26, 1906, to July 26, 1908, could alienate on approval of the Secretary of the Interior. (7) After July 26, 1908, could alienate on approval of the court having jurisdiction of the settlement of the estate of the de- ceased allottee. Could also alienate by will provided deceased allottee left no surviving issue born after May 25, 1901, or March I, 1906. (7, 8) MINOR BEER: NON-INDIAN — Until April 26, 1906, could alienate through probate court, providing deceased allottee left no re- stricting will or surviving issue born after May 25, 1901. (6) From April 26, 1906, to July 26, 1908, where allottee died alter thai date, could join with adult heir in conveying. (7) After July 26, 1908, could alienate through probate court. (8) MIXED-BLOOD — Until April 26, 1906, could alienate through probate court, providing deceased allottee left no re- stricting will or surviving issue born after May 25, 1901. (6) From April 26, 1906, to July 26, 1908, could join with adult heir in conveying. (7) After July 2 6, 19 08, if less than half-blood, could alienate through probate court, if half-blood or more, could alienate through probate court, providing deceased allottee left no sur- viving issue born after May 25, 1901, or March 4, 1906. Could also alienate after removal of restrictions by the Secretary of the Interior. (8) FULL-BLOOD — Until April 26, 1906, could alienate through probate court, providing deceased allottee left no sur- viving issue born after May 25, 1901. («) From April 26, 1906, to July 26, 1908, through guardian, with approval of the Secretary of the Interior, could join with adult heir in conveying. (7) Alter July 26, 1908, could alienate through probate court, providing deceased allottee left no surviving issue born after May 25, 1901, or March 4, 1906; and could also alienate after removal of restrictions by the Secretary of the Interior. (8) TITLE DIGEST 9 Creek Reference Continued. For limitations on will of Full-Blood sec reference No. 11 below. For expiration of the 5-year restriction period on Aug. 8, 1907, being a removal of restrictions, see I'. S. v. Bartlett, 235 U. S. 72. The first removal of restrictions by the Secretary of the Interior under the above sections was on July 10, 1903. See Dawes Commission Records. For necessity of expiration of time to elapse before ap- proval by Secretary of Interior, see Simmons v. Whittington. 2 7 Okla. 356. ACT OF 1906. 7. Sec. 2, 5, 19, 22 and 23 of the Act of April 26, 1906, An Act to Provide for the Final Disposition of the Five Civilized Tribes, and Other Purposes. (34 Stat. 137.) Caution — The Digest statement as to Non-Indians and Mixed-Bloods of all de- grees is based on the assumption that the above section 2 2 re- pealed the provision in Sec. 7, of the Original Creek Treaty and Sec. 16 of the Supplemental Creek Treaty that the homestead should remain for the use and support of children born after May 25, 1901. See Tiger v. Western Invest. Co., 221 U. S. 286. If it did repeal that provision the Act of May 25, 19 08, did not reimpose it. See U. S. v. Bartlett, 235 U. S. 72. If the provi- sion was not repealed then the Digest statement as to Non-In- dians and Mixed-Bloods should be: NON-INDIAN — Until July 26, 1908, could alienate by will providing he had no surviving issue born after May 25, 1901. (6) After July 26, 1908, all restrictions removed. (8) MIXED-BLOOD — Until July 26, 1908, could alienate by will providing he had no surviving issue born after May 25, 1901. (6) After July 26, 1908, if less than half-blood, all restrictions removed, if more than half-blood, could alienate by will, pro- viding he had no surviving issue born after May 25, 1901, or March 4, 1906. And could also alienate after removal of re- strictions by the Secretary of the Interior. (6, 8) ACT OF 1»08. 8. Sec. 1, 5, 6, 8 and 9 of the Act of May 27, 1908, effective July 27, 1908 (35 Stat. 312), An Act for the Removal of Re- strictions from Part of the Lands of the Five Civilized Tribes. Caution — The Digest statement is based on the assumption that if Sec. 22 of the Act of April 26, 1906, removed on all but Full-Bloods the restriction imposed by the Original Creek Treaty and Supplemental Treaty that the Homestead should re- main for the use and support of children born after May 25, 1901, the above act did not reimpose it on Mixed-Bloods of more than half blood. See U. S. v. Bartlett, 2 35 U. S. 7 2 and U. S. v. Cook et al.. 225 Fed. 756. 10 TITLE DIGEST ADULT ALLOTTEE: SURPLUS NON-INDIAN — Until April 21, 1904, could alienate on ap- proval of the Secretary of the Interior. (C) After April 21, 1904, all restrictions removed. (9) MIXED-BLOOD — Until August 8, 1907, could alienate on approval of the Secretary of the Interior. (6) After August 8, 1907, all restrictions removed. (10) FULL-BLOOD — Until April 26, 1906, could alienate on ap- proval of the Secretary of the Interior. (6) From April 26, 1906, to July 2 6, 1908, could not alienate. (7) After July 26, 1908, could alienate after removal of restric- tions by the Secretary of the Interior. (8) MINOR ALLOTTEE: NON-INDIAN — Until July 2 6, 1908, could not alienate. (6) After July 26, 1908, could sell through probate court. (8) MIXED-BLOOD — Until July 26, 1908, could not alienate. («) After July 26, 1908, if less than three-quarter blood, could sell through probate court (8, 10) ; if three-quarter blood or more, could alienate only after removal of restrictions by the Secretary of the Interior, and then through probate court. (8, 10) FULL-BLOOD — Until July 26, 1908, could not alienate. (O) After July 26, 1908, could alienate on removal of restric- tions by the Secretary of the Interior and then through probate court. (8) TITLE DIGEST H Creek Reference Continued. Note that if allottee of one-half blood or more was a minor on May 27, 1908, he was still under restriction ami the act ex- tended such restriction until April 26, 1931. See U. S. v. Hop- kins, affirmed by C. C. A., August, 1916. ACT OF 1904. !). Indian Appropriation Act of April 21, 1904 (33 Stat. 189), which removed all restrictions on all allottees not of In- dian blood, except as to minors and homesteads. For inherited surplus see U. S. v. Jacobs, 195 Fed. 707, that the above act was not limited to transfers by allottees but extended as well to allottees' heirs. 10. The five-year period of restrictions imposed by the Kith Section of the Supplemental Creek Treaty, Aug. 8, 19(12, expires Aug. 8, 1907. See U. S. v. Bartlett, 235 U. S. 72; Choate v. Trapp, 224 U. S. 665. A minor who became of age after Aug. 8, 1907, and before July 26, 1908, could alienate free from all restrictions. 11. Sec. 23 of the Act of April 26, 1906 (34 Stat. 137), and Sec. 8 and 9 of the Act of May 27, 1908 (35 Stat. 312), are the sections providing for devise by will. Under Sec. 2 3 of the Act of April 26, 1906, if a full-blood sought by will to disinherit parent, wife, spouse or children it was invalid unless acknowl- edged before and approved by a Judge of the United States Court for the Indian Territory, or a United States Commissioner. This was amended by Sec. 8 of the Act of May 27. 1908, by add- ing the words — "or a judge of a county court of the State of Oklahoma." See Tiger v. Western Investment Co., 221 U. S. 286. 12. Sec. 28 of the Original Creek Treaty, May 25, 1901 (31 Stat. 861), and Sec. 7, Supplemental Creek Treaty, Aug. S, I'm:' (32 Stat. 500), are sections providing for allotments to heirs on behalf of dead members. As to the right to alienate free from all restrictions, see Skelton v. Dill, 235 U. S. 206; Woodward v. DeGraffenrie.l. 238 U. S. 234; Mullen v. U. S., 224 U. S. 448; Shulthis v. Mc- Dougal, 225 U. S. 561. INHERITED SURPLUS 12 TITLE DIGEST ADULT IIKIIt: NON-INDIAN — Until April 21, 1904, could alienate with the approval of the Secretary of the Interior. (G) After April 21, 1904, all restrictions removed. (9) MIXED-BLOOD — Until April 26, 1906, could alienate with the approval of the Secretary of the Interior. (6) After April 26, 1906, all restrictions removed. (7) PULL-BLOOD — Until July 26, 1908, could alienate with the approval of the Secretary of the Interior. (6) After July 26, 1908, could alienate with the approval of the court having jurisdiction of the estate of the deceased allot- tee. (8) LANDS ALLOTTED ON BEHALF OF DEAD MEMBER OF THE TRIBE: Adult heirs of all kinds could alienate free from all restric- tions. (12) MINOR HEIR: NON-INDIAN — Until April 26, 1906, could alienate on ap- proval of the Secretary of the Interior. (6) After April 26, 1906, until July 26, 1908, could join with adult heirs in conveying. (7) After July 26, 1908, could sell through probate court. (8) MIXED-BLOOD — Until April 26, 1906, could alienate with the approval of the Secretary of the Interior. (G) After April 26, 1906, until July 26, 1908, could join with adult heir in conveying. (7) After July 26, 1908, could sell through probate court. (8) FULL-BLOOD — Until July 26, 1908, could alienate with the approval of the Secretary of the Interior. (6) After July 26, 1908, could alienate with the approval of the court having jurisdiction of the estate of the deceased al- lottee. (8) LANDS ALLOTTED ON BEHALF OF DEAD MEMBER OF THE TRIBE: Minor heirs of all classes could sell through the probate court. (12) Cherokee Nation 14 TITLE DIGEST CHEROKEE NATION DESCENT Until June 28, 1S!i8, tribal law. (1) Thereafter until Nov. 16, 1907, 49th c. of .Mansfield's Digesl of Arkansas. (2) Thereafter, from Nov. 16, 1907, the laws of Oklahoma. (:5) ADULT ALIiOTTEB: HOMESTEAD NON-INDIAN — Prior to April 26, 1906, could not alienate. ( I) From April 26, 1906, to July 26, 1908, could alienate by will. (.">) After July 26, 1908, all restrictions removed. (6) .MIXED-BLOOD — Prior to April 26, 1906, could not alien- ate. ( l) From April 26, 1906, to July 26. 1908, could alienate by will. (.">) After July 26, 1908, if less than half-blood, all restrictions removed; if half-blood or more, could alienate after removal of restrictions by the Secretary of the Interior; or could also alienate by will if he had no surviving issue born after March 4, 1906. ((>) FULL-BLOOD— Prior to April 26, 1906, could not alien- ate. (4) From April 26, 1906, to July 26, 1908, could alienate by will with certain limitations as to disinheriting certain heirs. (.",) (8) After July 26, 1908, could alienate after removal of restric- tions by the Secretary of the Interior; or by will if allottee had no surviving issue born after March 4, 1906. ((>) (8) MINOR ALLOTTEE: NON-INDIAN — Prior to July 2 6, 1908, could not alien- ate. (4) After July 26, 1908, could alienate through probate court. (6) MIXED-BLOOD — Prior to July 26, 1908, could not alien- ate. ( I ) Alter July 26, 1908, if less than half-blood, could alienate through probate court; if half-blood or more, could alienate through probate court after removal of restrictions by the Sec- retary of the Interior. (<») FULL-BLOOD — Prior to July 26, 1908, could not alien- ate. (4) After July 26, 1908, could alienate through probate court after removal of restriction by the Secretary of the Interior. (6) TITLE DIGEST 15 REFERENCE CHART — CHEROKEE NATION i For the text of the sections, extracts and chapters and ruling- cases named below, see the pages following these Digest pages.) 1. See Cherokee law of descent, but as the allotment of land was not made until the repeal of that law by the act of June 7, 1897 (30 Stat. L. 83), and the Curtis Act of June 28, 189 8 (30 Stat. L. 495), there was no real estate subject to its operation. 2. See Sec. 26 and 28 of the Curtis Act (30 Stat. L. 495), which, by abolishing tribal laws and tribal courts made effective the 4 9th chapter of Mansfield's Digest of Arkansas, previously adopted by Sec. 30 and 31 of the act of May 2, 1890 (26 Stat. L. 81), but restrained its application by the proviso in Sec. 30 of said act, thereby continuing the jurisdiction of the tribal courts over matters between citizens until the Act of June 7, 1897 (30 Stat. L. 83), partially, and the Curtis act wholly, made the Arkansas law operative. Washington v. Miller, 2 35 U. S. 4 2 4. Woodward v. DeGraffenried, 238 U. S. 2 84. :J. Art. 4, chapter 82 of the Revised Laws of Oklahoma, 1910, page 2269. Bartlett v. Okla Oil Co., Eq., 218 Fed. 380. Jefferson et al. v. Cook et al., 7453, Supreme Court of Ok- lahoma, on appeal. 4. Sec. 11 of the Curtis Act, June 28, 1898 (30 Stat. L. 495). Sec. 4, 11, 13, 14, 15, of the Cherokee Treaty, Act of July 1, 1902, ratified Aug. 7, 1902 (30 Stat. L. 716), providing for the allotment of the lands of the tribe and placing restrictions on the alienation of such allotments. Tiger v. Western Investment Co., 221 U. S. 286. Gritts v. Fisher, 224 U. S. 413. Truskett v. Closser, 236 U. S. 223. ;; ii.OOO Land Suits, 199 Fed. 11. 16 TITLE DIGEST ADULT HEIR INHERITED NON-INDIAN — Prior to April 26, 190G, could not alien- HOMESTEAO ate. (4) After April 26, 1906, could alienate free from restric- tions. (5) MIXED-BLOOD — Prior to April 26, 1906, could not alien- ate. (4) After April 26, 1906, could alienate free from restric- tions. (5) FULL-BLOOD — Prior to April 26, 1906, could not alien- ate. (4) From April 26, 1906, to July 26, 1908, could alienate sub- ject to approval of the Secretary of the Interior. (5) (8) After July 26, 1908, could alienate with the approval of the court having jurisdiction of settlement of the estate of the deceased allottee, providing the deceased allottee left no sur- viving issue born after March 4, 1906. If such issue survived, could alienate after removal of restrictions by the Secretary of the Interior. («) (8) MINOR HEIR: NON-INDIAN — Prior to April 26, 1906, could not alien- ate. (4) From April 26, 1906, to July 26, 1908, could join with adult heir in conveying. (5) After July 26, 1908, could alienate through the probate court. (O) MIXED-BLOOD — Prior to April 26, 1906, could not alien- ate. (4) From April 26, 1906, until July 26, 190S, could join with adult heirs in conveying. (.">) After July 26, 1908, could alienate through the probate court, (fi) FULL-BLOOD — Prior to April 26, 1906, could not alien- ate. (4) From April 26, 1906, until July 26, 1908, could join with adult heir in conveying subject to the approval of the Secretary of the Interior. (5) After July 26, 1908, could alienate through the probate court with the approval of the court having jurisdiction of the settlement of the estate of the deceased allottee, providing such deceased allottee left no surviving issue born after March 4, 1906. If such issue survived, could alienate after removal of restrictions by the Secretary of the Interior. (6) TITLE DIGEST 17 Cherokee Reference Continued. ACT OF 1906. 5. Sec. 2, 5, 19, 22 and 23 of the Ad of April 26, 1906,— An act to provide for the final disposition of the affairs of the Five Civilized Trihes in the Indian Territory, and other pur- poses. (34 Stat. L. 137.) As to the above act superseding previous acts of congress on these lands in which this act sought to remove restrictions, Tiger v. Western Investment Co., 221 U. S. 286 ACT OF 1J»0X. G^~ (J. Sec. 1, 5, 6, 8 and 9 of the Act of May 27. 1908, effect- ive July 26, 19D8, — An act for the removal of restrictions from part of the lands of the Five Civilized Tribes. (35 Stat. L. 312.) Tiger v. Western Investment Co., 221 U. S. 286. Harris v. Gale, 188 Fed. 712 U. S. v. Shock, 187 Fed. 870. Truskett v. Closser, 23 6 U. S. 2 2 3. ACT OF tm)4. 7. Indian Appropriation Act of April 21, 1904 (33 Stat. L. 189), which removed restrictions on all members not of Indian blood, except as to minors and homesteads, and gave the Secre- tary of the Interior power to remove restrictions as to other members except as to minors and homesteads. First deed approved by the Secretary of Interior removing restrictions in accordance with the provisions of the above act, Dec. 3, 1904. For inherited surplus see U. S. V. Jacobs, 195 Fed, 707. WILLS. 8. Sec. 23 of the Act of April 26, 1906 (34 Stat. L. 137), and Sec. 8 and 9 of the Act of May 27. 1908 (35 Stat. L. 312). provide for devise by will. 18 TITLE DIGEST ADULT ALLOTTEE: SURPLUS NON-INDIAN — Prior to April 21, L904, could not alien- ate. ( I) Alter April 21, 1904, all restrictions removed. (7) MIXED-BLOOD— Prior to April 21, 1904, could not alien- ate. (4) From April 21, 1904, until July 26, 1908, could alienate after removal of restrictions by the Secretary of the Interior. (7) Could also alienate free from all restrictions five years from the issuance of patent. ( I) And after April 26, 1906, could also alienate by will. (.">) After July 2 6, 19 08, if less than three-quarter blood, all restrictions removed. ((>) If three-quarter blood or more and five years from issuance of patent had not expired before July 26, 19 08, could only alienate after removal of restrictions by the Secretary of the Interior. (6) If five years from issuance of patent had expired before July 26, 1908, could alienate free from restrictions. (6) FULL-BLOOD — Prior to April 21, 1904, could not alien- ate. (4) From April 21, 1904, to April 26, 1906, could alienate after removal of restrictions by the Secretary of the Interior. (7) From April 26, 1906, to July 26, 1908, could not alienate excepting by will. (5) (8) After July 26, 1908, could alienate after removal of re- strictions by the Secretary of the Interior. (O) MINOR ALLOTTEE: NON-INDIAN — Five years from issue of patent could alien- ate through probate court. (4) After July 26, 1908, could alienate through probate court. MIXED-BLOOD — Until July 26, 1908, could alienate five years from issuance of patent, through probate court. (4) After July 26, 1908, if less than three-quarter blood, could alienate through probate court; if three-quarter blood or more, could alienate through probate court after removal of restric- tions by the Secretary of the Interior. ((>) FULL-BLOOD — Until July 26, 1908, could not alienate. ( I) After July 26, 1908, could alienate through probate court after removal of restrictions by the Secretary of the Interior. («) TITLE DIGEST 19 Cherokee Reference Continued. NOTE: It is provided in Sec. 23 of the Act of April 26, 1906, that if a full-blood sought to disinherit parent, wife, spouse or children, it was invalid unless the will were acknowl- edged before and approved by a Judge of the U. S. court for the Indian Territory, or a United States Commissioner. This was amended by Sec. 8, of the Act of May 27, 1908, by adding the w ,,rds — "or a Judge of a county court of the State of Okla- homa." Tiger v. Western Investment Co., 221 U. S. 286. J). Sec. 20 of the Cherokee Treaty, Act of July 1, 1902, ratified August 7, 1902 (30 Stat. L. 716). INHERITED SURPLUS 20 TITLE DIGEST ADULT BEER: NON-INDIAN — Until April 21, 1904, could not alien- ate. ( I) After April 21, 1904, all restrictions removed. (7) MIXED-BLOOD — Until April 21, 1904, could not alien- ate. (4) From April 21, 19U4, to April 26, 1906, could alienate after removal of restrictions by the Secretary of the Interior. (7) Alter April 26, 1906, all restrictions removed. (5) FULL-BLOOD — Until April 21, 1904, could not alien- ate. (4) From April 21, 1904, to April 21, 1906, could alienate after removal of restrictions by the Secretary of the Inter- ior. (7) From April 2 6, 1906, to July 26, 1908, could alienate but conveyance was subject to the approval of the Secretary of the Interior. (.">) After July 2 6, 19 08, could alienate on approval of the court having jurisdiction of the settlement of the estate of the deceased allottee. (6) (8) LANDS ALLOTTED ON BEHALF OF DEAD MEMBER — All classes could alienate free from all restrictions. (9) MINOR HEIR: NON-INDIAN — Until April 2 6, 1906, could not alien- ate. (4) From April 26, 1906, until July 26, 1908, could join with adult, heir in conveying. (.">) After July, 2 6, 1908, could alienate through probate court. (6) MIXED-BLOOD — Until April 26, 1906, could not alien- ate. (4) From April 26, 1906, to July 26, 1908, could join with adult heir in conveying. (5) After July 26, 1908, could alienate through probate court. (6) FULL-BLOOD — Until April 26, 1906, could not alien- ate. (4) From April 26, 1906, to July 26, 1908, could join with adult heir in conveying, the conveyance being subject to ap- proval of the Secretary of the Interior. (5) After July 26, 1908, could alienate through probate court subject to the approval of the court having jurisdiction of the settlement of the estate of the deceased allottee. (6) LANDS ALLOTTED ON BEHALF OF DEAD MEMBER: All classes could alienate through probate court. (9) Choctaw and Chickasaw Nations 22 T I T l E n I fi E S T CHOCTAW AND CHICKASAW NATIONS DESCENT HOMESTEAD Until October 1, 1898, tribal law. (1) Thereafter until Nov. 16, 1907, the 49th c. of .Mansfield Digest of Arkan- sas. (2) Thereafter from Nov. 16, 1907, the Oklahoma law. (3) ADUI/T AIJjOTTEE: NON-INDIAN — Until July 26, 1908, could not alienate (4) (5), excepting that after April 26, 1906, could alienate by will. (6) (J)) After July 26, 1908, all restrictions removed. MIXED-BLOOD — Until July 26, 1908, could not alienate (4). excepting that after April 26, 1906, could alienate by will, providing that after July 26, 1908, he had no surviving issue horn after March 1. 1906. (6) (7) (9) After July 26, 1908, if less than half-blood, all restric- tions removed; if half-blood or more could alienate only after removal of restrictions by the Secretary of the Interior (7), and by will providing he had no surviving issue born after March 4, 1906. (7) (9) FULL-BLOOD — Until July 26, 1908, could not alienate, excepting by will, after April 26, 1906, with certain limitations if lie sought to disinherit certain heirs. («) (9) After July 26, 1908, could alienate after removal of re- strictions by the Secretary of the Interior, and could also alienate by will providing he had no surviving issue born after Marclj 4, 1906 (7) (9) MINOR AIXOTTKE: NON-INDIAN — Until July 26, 1908, could not alienate. ( ») (•",) After July 26, 1908, could alienate through the probate court. (7) MIXED-BLOOD — Until July 26, 1908, could not. alien- ate. ( » ) After July 26, 1908, if less than half-blood, could alienate through probate court; if half-blood or more, could alienate through probate court after removal of restrictions by the Secretary of the Interior. (7) , PULL-BLOOD — Until July 26, 1908, could not alien- ate. (4) After July 26, 1908, could alienate through probate court after removal of restrict ions by the Secretary of the Interior. (7) T ITIiK DIGEST 23 REFERENCE CHART — CHOCTAW AND CHICKASAW NATIONS (For the text of sections, extracts and chapters and ruling cases named below see the pages following these Digest pages.) 1. See Choctaw and Chickasaw laws of descent, but as allotment of land was not made until the repeal of that law by the Act of June 7, 1897 (30 Stat. L. 83), and the Curtis Act of June 28, 1898 (30 Stat. L. 4 95), there was no real estate subject to its operation. 2. See Sec. 26 and 28 of the Curtis Act (30 Stat. L. 495), which, by abolishing tribal laws and tribal courts, made opera- tive the 4 9th chapter of Mansfield's Digest of Arkansas, pre- viously adopted by Sec. 30 and 31 of the Act of May 2, 1890 (26 Stat. L. 81), but restrained its application by the proviso in Sec. 30, thereby continuing the jurisdiction of the tribal courts over matters between citizens until the act of June 7, 1897, partially, and the Curtis Act wholly, made the Arkan- sas law effective. See Washington v. Miller, 235 U. S. 42 4. DeGraffenried v. Woodward, 238 U. S. 284. 3. Art. 4, Chapter 82, Revised Laws of Oklahoma — Suc- cession. See Bartlett v. Okla Oil Co., 218 Fed. 380. Jefferson et al. v. Cook et al., 7453, Supreme Court of Oklahoma. I. Sec. 11 of the Curtis Act, June 28, 1898 (30 Stat. L. 495), and Sec. 12, 13, 15 and 16 of the Choctaw and Chicka- saw treaty, July 1, 1902, effective Sept. 25, 1902 (32 Stat. I.. 641). INHERITED HOMESTEAD — Note that as the allotment restrictions imposed by the above sections provided that the homestead should be inalienable for the lifetime of the allot- tee these lands should pass to the heirs unrestricted. AS TO SURPLUS — Note that under Sec. 16, above. such land must not be sold for less than the appraised value during the tribal government. See 30,000 Land Suits, 199 Fed. 811. Choate vs. Trapp. 224 U. S. 665. Mullen v. U. S., 224 U. S. 448. 24 T 1 T L E DIG E S T INHERITED HOMESTEAD AM l,T HEIR: NON-INDIAN — Could alienate unrestricted. (4) MIXED-BLOOD — Until July 26, 1908, could alienate free from restrictions. ( I ) After July 26, 1908, if less than half-blood, could alien- ate; (4) if half-blood or more, could alienate providing de- ceased allottee died before July 26, 190 8; (4) but if allottee died after that date could alienate only providing deceased allottee left no surviving issue born after March 4, 1906, un- less restrictions removed by the Secretary of the Interior. (7) FULL-BLOOD — Until April 26, 1906, could alienate. (4) From April 26, 1906, until July 26, 1908, where allottee died alter April 26, L906, conveyance was subject to the ap- proval of the Secretary of the Interior; and the right to will was subject to the provisions of Sec. 23 of said Act. (6) (9) After July 26, 1908, where allottee died after April 26, 1906, could alienate only where deceased allottee left no sur- viving issue born after March 4, 1906, unless restrictions re- moved by the Secretary of the Interior. But conveyance after July 26, 1908, was subject to the approval of the court having jurisdiction of the settlement of the estate of the deceased al- lottee, and the limitations on the right to will if testator sought to disinherit certain heirs. (7) (J>) MINOR HEIR: NON-INDIAN — Could alienate through probate court. (4) MIXED-BLOOD — Until July 26, 1908, could alienate through the probate court. (4) Alter July 26, 1908, if less than half-blood could alienate through the probate court. (7) If half-blood or more, could alienate if deceased allottee died prior to July 26, 1908, but if allottee died alter that date, could alienate through the probate court only providing deceased allottee left no surviving issue born alter March l. I 906, or alter removal of restrictions by the Secretary of the Interior. (7) PULL-BLOOD — Until April 26, 1906, could alienate through the probate court. (4) Prom April 26, 1906, to July 26, 1908, could alienate through probate court, if deceased allottee died before 4-26- L906. (4) If deceased allottee died after 4-26-1906, could alienate through probate court, subject to approval of the Secretary of the Interior. (<>) After July 2 6, 1908, could alienate subject to approval of the court having jurisdiction of the settlement of the estate of the deceased allottee, providing such deceased allottee left no surviving issue born alter March 4, 1906. If such issue sur- vived, alienation could then be made after removal of restric- tions by the Secretary of the Interior. (7) TITLE DIGEST Choctaw and Chickasaw Reference Continued . ACT OF 1904. 5. Act April 21, 19i>4, did not remove restrictions on freedmen as their allotments were held to be homesteads. See Sec. 3, Act of April 2(5, 190(5 (34 Stat. L. 137). Homestead Section of the Atoka Agreement, being Sec. 29 of the Curtis Act, June 28, 1898 (30 Stat. L. 495). Sec. 13, 14, and 16 of the Choctaw and Chickasaw Treaty, effective Sept. 25, 1902. Lowe v. Fisher, 223 U. S. 95. ACT OF 1906. 6. Sec. 3, 5, 19, 22 and 23 of the Act of April 26, 1906, An Act to provide for the final disposition of the affairs of the Five Civilized Tribes in the Indian Territory and for other purposes. (34 Stat. L. 137.) See Tiger v. Western Investment Co., 221 U. S. 286. 26 TITLE DIGEST SURPLUS ADULT ALLOTTEE: NON-INDIAN — Freedman did not have surplus. (4) (<» see Sec. 3.) Until April 21, 1904, other than Indians could not alien- ate. (4) After April 21, 1904, all restrictions removed. (5) MIXED-BLOOD — Until July 26, 1908, could alienate one- fourth in 1, one-fourth in 3 and balance in 5 years from date of patent (4) and after April 21, 1904, could also alienate on approval of the Secretary of the Interior. (5) After July 26, 1908, if less than three-quarter blood, all restrictions removed (7); if three-quarter blood or more, could alienate surplus on which 1, 3 and 5-year periods had • lapsed before July 26, 1908 (4), but could not alienate where time-restrictions had not elapsed before that date, excepting on removal of restrictions by the Secretary of the Interior. (7) FULL-BLOOD — Until April 26, 1906, could alienate one- fourth in 1, one-fourth in 3 and balance in 5 years from date of patent (4); and between April 21, 1904, and April 26, 1906, could alienate on approval of the Secretary of the In- terior. (5) From April 26, 1906, to July 26, 1908, could not alien- ate. (6) After July 26, 1908, could alienate after removal of re- strictions by the Secretary of the Interior. (7) > 1 1 X OK A LLOTTEE : NON-INDIAN — Freedman did not have surplus. (4) (6 — see Sec. 3.) Other than freedman until July 26, 1908, could alienate through probate court one-fourth in 1, one-fourth in 3 and balance in 5 years from date of patent. (4) After July 26, 1908, could alienate through probate court. (7) MIXED-BLOOD — Until July 26, 1908, could alienate through probate court one-fourth in 1, one-fourth in 3 and balance in 5 years' from date of patent. (4) After July 26, 1908,, if less than three-quarter blood, could alienate through probate court; if three-quarter blood or more, could alienate through probate court after removal of restrictions by the Secretary of the Interior. (7) FULL-BLOOD — Until April 26, 1906, could alienate through probate court one-fourth in 1, one-fourth in 3 and balance in 5 years from date of patent. (4) From April 26, 1906, to July 26, 1908, could not alien- ate. (6) After April 26, 1908, could alienate through probate court after removal of restrictions by the Secretary of the Interior. (7) TITLE DIGEST 11 Choctaw and Chickasaw Reference Continued. ACT OF 1 »<>«. 7. Sec. 1, 5, 6, 8 and 9 of the Act of May 27, 1908, effect- ive July 26, 1908 (35 Stat. L. 312), An Act for the removal of restrictions from part of the lands of the Five Civilized Tribes. See Tiger v. Western Investment Co., 221 U. S. 286. Harris v. Gale, 188 Fed. 712. U. S. v. Shock, 187 Fed. 870. Truskett v. Closser, 236 U. S. 223. 8. Sec. 22 of the Choctaw and Chickasaw Treaty, Act of July 1, 1902 (32 Stat. L. 641). See Woodward v. DeGraffenried, 238 U. S. 284. Ballinger v. Frost, 216 U. S. 240. J). Sec. 23 of the Act of April 26, 1906, and Sec. 8 and 9 of the Act of May 27, 1908, provide for alienation by will. Note particularly the limitation on full-blood after April 26, 1906, if he sought by will to disinherit parent, wife, spouse or children that the will had to be acknowledged be- fore a Judge of the United States court for the Indian Terri- tory, or a United States Commissioner. By the Act of May 27, 1908, this was amended by adding the words, "A Judge of a county court of the State of Oklahoma." See Tiger v. Western Investment Co., 221 U. S. 286. SURPLUS 28 TITLE DIGEST ADULT HEIR: INHERITEO .\o\-INDIAN — Freedman did not have surplus. (4) (« see Sec. 3.) Other than freedman until April 26, 1906, could alienate one-fourth in 1, one-fourth in 3 and balance in 5 years from date of patent. (4) After April 26, 1906, all restrictions removed. (6) MIXED-BLOOD — Until April 2 6, 1906, could alienate one- fourth in 1, one-fourth in 3 and balance in 5 years from date of patent. (4) After April 2 6, 1906, all restrictions removed. (6) FULL-BLOOD — Until April 26, 1906, could alienate one- fourth in 1, one-fourth in 3 and balance in 5 years from date of patent. (4) From April 26, 1906, to July 26, 1908, could alienate but conveyance required approval of the Secretary of the Interior. («) After July 26, 1908, could alienate subject to the approval of the court having jurisdiction of the settlement of the estate of the deceased allottee. (7) LANDS ALLOTTED ON BEHALF OF DEAD MEMBER— All allottees could alienate free from all restrictions. (8) MINOR HEIK: NON-INDIAN — Freedman did not have surplus. (4) (6 — see Sec. 3.) Other than freedman until April 26, 1906, could alienate through the probate court one-fourth in 1, one-fourth in 3 and balance in 5 years from date of patent. (4) From April 26, 1906, to July 26, 1908, could join with adult heir in conveying. (0) After July 26, 1908, could alienate through probate court. (') MIXED-BLOOD — Until April 26, 1906, could alienate through probate court one-fourth in 1, one-fourth in 3 and bal- ance in 5 years from date of patent. (4) From April 26, 1906, until July 26, 1908, could join with adult heir in conveying. (6) After July 2 6, 1908, could alienate through probate court. (7) FULL-BLOOD — Until April 26, 1906, could alienate one- i'ourth in 1, one-fourth in 3 and balance in 5 years from date of patent. (4) From April 26, 1906, to July 26, 1908, on approval of the Secretary of the Interior, could join with adult heir in convey- ing. (6) After July 26, 1908, could alienate through probate court subject to the approval of the court having jurisdiction of the estate of the deceased allottee. (7) LANDS ALLOTTED ON BEHALF OF DEAD MEMBER — All allottees, through the probate court, could alienate. (8) Seminole Nation 30 T 1 T LE DIGEST SEMINOLE NATION DESCENT HOMESTEAD I'ntil July 28, 1898, tribal law. (1) Thereafter until Nov. 16, 1907, the 49th chapter of Mansfield's Digest of Arkansas, with proviso. (2) Thereafter from Nov 16, 190 7, the Oklahoma law. (:{) A 1)1 IiT AliLOTTEE: NON-INDIAN — Until April (4) will 26, 26, 190 6, could not alienate. 1906, to July 26, 1908, could alienate by ate. will. From April (7) Alter July 26, 1908, all restrictions removed. (8) .MIXLD-BLOOD — Until April 26, 1906, could not alien- (4) From April 26, 1906, to July 26, 1908, could alienate by (7) After July 26, 1908, if less than half-blood, all restrictions removed; if half-blood or more, could alienate after removal of restrictions by the Secretary of the Interior — and could alienate by will providing he had no surviving issue born after March 4, 1906. If such issue survived, could alienate after removal of restrictions by the Secretary of the Interior. (8) FULL-BLOOD — Until April 26, 1906, could not alien- ate. (4) From April 26, 1906, to July 26, 1908, could alienate by will, with certain limitations. (7) (9) Alter July 26, 1908, could alienate after removal of re- strictions by the Secretary of the Interior; and could also alien- ate by will, providing he had no surviving issue born after March 4, 1906, with certain limitations on disinheriting certain heirs. (7) ($>) If such issue survived could alienate on removal of restrictions by the Secretary of the Interior. (8) MINOR AXIiOTTEE: NON-INDIAN — Until July 26, 1908, could not alienate. (4) After July 2 6, 1908, could alienate through the probate court. (8) MIXED-BLOOD — Until July 26, 1908, could not alien- ate. (4) After July 26, 1908, if less than half-blood, could alienate through the probate court; if half-blood or more could alienate through the probate court, after removal of restrictions by the Se< retary <>r the Interior. (8) FULL-BLOOD — Until July 26, 1908, could not alienate. (4) After July 26, 1908, could alienate through the probate court after removal of restrictions by the Secretary of the In- terior. (8) TITLE DIGEST 31 REFERENCE CHART — SEMINOLE NATION (For the text of the sections, extracts and chapters and ruling cases named below see pages following these Digest pages.) 1. See the Seminole Law of Descent, but as allotment of land was not made until after the repeal of the Seminole law by the Curtis Act of June 28, 1898 (30 Stat. L. 495), there was no real estate subject to its operation. Sec. 26 and 28 of the Curtis Act made effective the 49th chapter of Mansfield's Digest of Arkansas, which had been adopted by the Act of May 2, 1890, Sec. 3 and 31, but held in abeyance by the proviso in Sec. 31 until the Indian Appropriation Act of June 7, 1897 (30 Stat. L. 83), partially, and the Curtis Act, wholly, made the Arkansas law operative. See Washington v. Miller, 235 U. S. 424. Woodward v. De Graffenried, 238 U. S. 284. 2. See paragraph Second of Seminole Agreement approved June 2, 1900 (31 Stat. L. 250), which provided for descent according to the Laws of Descent and Distribution of the State of Arkansas, "Provided, That in all cases where such property would descend to the parents under said laws the same shall first go to the mother instead of the father, and then to the brothers and sisters, and their heirs, instead of the father." 3. Art. 4, Chap. 8 2, Revised Laws of Oklahoma. See Bartlett v. Okla Oil Co., 218 Fed. 380. CURTIS ACT AND TREATIES. I. Sec. 11 of the Curtis Act, June 28, 1898 (30 Stat. L. 495). Seminole Agreement, approved July 1, 1898 (30 Stat. L. 567). Supplemental Seminole Agreement, approved July 2, 1900 (31 Stat. L. 250). Sec. 36 of the Original Creek Agreement, May 25, 1901 (31 Stat. L. 861). These acts provided for allotment and restriction on alien- ation of the lands of the Seminole tribe. See Tiger v. Western Investment Co., 2 21 U. S. 471. 30,000 Land Suits, 199 Fed. 811. Goat v. U. S., 224 U. S. 471. Woodward v. DeGraffenried, 238 U. S. 284. TITLE DIGEST AIM IT III IK: INHERITED NON-INDIAN — Until March 3, 1903, could not alienate. After March 3, 1903, all restrictions removed. (.1) MIXED-BLOOD — Until March 3, 1903, could not alien- ate. ( I ) After March 3, 1903, if less than half-blood, all restrictions removed. (5) If half-blood or more, all restrictions removed, excepting on homesteads inherited after July 26, 1908, which could be alienated providing deceased allottee left no surviving issue born after March 4,19 06. If such issue survived could alienate after removal of restrictions by the Secretary of the Interior. (.'») (8) FULL-BLOOD — Until March 3, 1903, could not alienate. (4) From March 3, 19 03, to April 2 6, 1906, could alienate. (5) From April 26, 1906, to July 26, 1908, homestead inher- ited after April 26, 1906, could be alienated subject to ap- proval of the Secretary of the Interior. (7) After July 26, 1908, could alienate providing deceased al- lottee left no surviving issue born after March 4, 1906. If such issue survived, could alienate after removal of restrictions by the Secretary of the Interior. (5) (8) MINOR HEIR: NON-INDIAN — Until March 3, 1903, could not alienate. (4) After March 3, 1903, could alienate through the probate court. (5) MIXED-BLOOD — Until March 3, 19 03, could not alienate. ( ») From March 3, 1903, until April 26, 1906, could alienate through probate court. (5) From April 26, 1906, until July 26, 1908, could join adult heir in conveying. (7) After July 26, 1908, could alienate through the probate court, if less than half-blood; if half-blood or more, could alien- ate through probate court providing deceased allottee left no surviving issue born after March 4, 1906; if such issue sur- vived, could alienate through probate court after removal of restrictions by the Secretary of the Interior. (8) FULL-BLOOD — Until March 3, 1903, could not alienate. (4) From March 3, 190 3, to April 26, 1906, could alienate through probate court. (5) After April 26, 1906, to July 26. 1908, could join adult heir in conveying subject to the approval of the Secretary of the Interior. (7) After July 26, 1908, could alienate subject to the approval of the court having jurisdiction of the settlement of the estate of the deceased allottee, providing such deceased allottee left no surviving issue born after March 4, 1906. If such issue sur- vived could alienate subject to approval of such court after re- moval of restrictions by the Secretary of the Interior. (8) TITLE DICKS T 33 Seminole Reference Continued. ACT OF MARCH :$, 1003. r>. Indian Appropriation Acl of March 3, 1903 (32 Stat. L. 982), providing that the homestead shall he inalienable during the lifetime of the allottee, not exceeding twenty-one years from the date of the deed for the allotment. The provision in the Original Treaty of July 1, 1898, was that the homestead should be inalienable and non-taxable in perpetuity. For the descent of the homestead to the heirs unrestricted, see Mullen v. U. S., 224 U. S. 448. See 30,000 Land Suits. Ballinger v. Frost, 216 U. S. 240. Goat v. U. S., 224 U. S. 458. Eastern Cherokees v. U. S„ 225 U. S. 571. ACT OF 1004. 6. Indian Appropriation Act of April 21, 1904 (33 Stat. L. 189), removing restrictions on surplus lands of those not of Indian blood, except as to minors and homesteads, and empow- ering the Secretary of the Interior to remove restrictions on those of Indian Blood, except as to minors and homesteads. See Goat v. U. S., 224 U. S. 458. Deming Investment Co. v. U. S., 224 U. S. 471. 30,000 Land Suits, 199 Fed. 811. Godfrey v. Iowa land ami Trust Co., 21 Okla. 29"3. Skelton v. Dill, 225 U. S. 206. ACT OF 1006. 7. Sec. 2. :., 19, 22 and 2:! of the Act of April 26, 1906 (34 Stat. L. 137), An Act to provide for the final disposition of the affairs of the Five Civilized Tribes in the Indian Territory, and for other purposes. See Tiger \. Western Investment Co., 221 (J. S. 286. Godfrey v. Iowa Land and Trust Co.. 2 1 Okla. 293. 34 TITLE DIGEST ADULT ALLOTTEE: Surplus NON-INDIAN — Until April 21, 1904, could not alienate. (4) After April 21, 19 04, all restrictions removed. (6) MIXED-BLOOD— Until April 21, 1904, could not alien- ate. H) From April 21, 1904, to July 26, 190S, could alienate on approval of the Secretary of the Interior. (6) After July 26, 1908, if less than three-quarter blood, all • restrictions removed; it three-quarter blood or more, could alienate on removal of restrictions by the Secretary of the In- terior. (8) FULL-BLOOD — Until April 21, 1904, could not alienate. (4) From April 21, 1904, to April 26, 1906, could alienate on approval of the Secretary of the Interior. (6) From April 26, 1906, to July 26, 1908, could not alienate. (7) After July 26, 1908, could alienate after removal of re- strictions by the Secretary of the Interior. (8) MINOR ALLOTTEE: NON-INDIAN — Until July 26, 1908, could not alienate. (4) After July 26, 1908, could alienate through probate court. (8) MIXED-BLOOD — Until July 26, 1908, could not alienate. (4) Alter .Inly 26, 1908, if less than three-quarter blood, could alienate through probate court; if three-quarter blood or more, could alienate after removal of restrictions by the Secretary of the Interior. (8) FULL-BLOOD — Until July 26, 1908, could not alienate. (4) After July 26, 1908, could alienate after removal of re- strictions by the Secretary of the Interior. (8) TITLE DIGEST 3 5 Seminole Reference Continued. ACT OK 1«)OK. 8. Sec. 1, 5, 8 and 9 of the Ad of May 27, 1908 (35 Stat. L. 312), An Act for the removal of restrictions from part of the lands of allottees of the Five Civilized Tribes and for other pur- poses. See Tiger v. Western Investment Co., 221 U. S. 286. Harris v. Gale, 188 Fed. 712. U. S. v. Shock, 187 Fed. 870. Truskett v. Closser, 236 U. S. 223. WILLS. J). Sec. 23 of the Act of April 26, 1906 (34 Stat. L. 137), and Sec. 8 and 9 of the Act of May 27, 1908 (35 Stat. L. 312), provide for alienation by will. NOTE — In Sec. 23 of the Act of April 26, 1906, is a pro- vision that the will of a full-blood, if he sought to disinherit parent, wife, spouse or children, had to be acknowledged before and approved by a Judge of the United States Court for the In- dian Territory or a United States Commissioner. This was amended by Sec. 8 of the Act of May 27, 1908, by adding the words: "or a judge of a county court of the State of Oklahoma." 36 TITLE DIGEST AIH l/r HEIR: INHERITED NON-INDIAN — Until April 21, 1904, could not alienate. SURPLUS (4) Alter April 21, 1904, all restrictions removed. (6) MIXED-BLOOD — Until April 26, 1906, could not alien- ate. (4) Alter April 26, 1906, all restrictions removed. ((>) FULL-BLOOD — Until April 26, 1906, could not alien- ate. (4) From April 26, 1906, to July 26, 1908, could alienate on approval of the Secretary of the Interior. ((») After July 26, 1908, could alienate on approval of the court having jurisdiction of the settlement of the estate of the deceased allottee. (8) MIX OH HEIR: NON-INDIAN — Until April 26, 1906, could not alienate. (4) From April 26, 1906, to July 26, 1908, could join adult heir in conveying. () After July 26, 1908, could alienate through probate court. («) FULL-BLOOD — Until April 26, 1906, could not alienate. (4) From April 26, 1906, until July 26, 1908, could join adult heir in conveying, with the approval of the Secretary of the Interior. ((») After July 26, 1908, could alienate through probate court on approval of the court having jurisdiction of the estate of the deceased allottee. (8) TITLE DIGEST 37 APPENDIX NO TOWN LOTS. Titles to town lots in the territory of the Five Civilized Tribes are based on the Act of Congress of June 2 8, 1898, The Original Curtis Act, 30 Stat. L. 495; Thomas 46; Bledsoe 407; which provided for the extinguishment of the government and tribal titles (See Woodward v. DeGraffenried, 238 U. S. 284), the Indian Appropriation Act of May 31, 1900, 31 Stat. L. 221; Thomas 294; Bledsoe 535; the Indian Appropriation Act of March 3, 1903, 32 Stat. L. 982; Thomas 304; Bledsoe 98; and the various treaties with the tribes, Creek, Cherokee, Choc- taw and Chickasaw and Seminole Indians. Upon the provisions of these Acts and treaties patents to town lots were executed and delivered by the principal chiefs of the nations, upon the approval of such patent by the Secre- tary of the Interior. These patents recite — the appointment of the townsiste com- mission which appraised the lots, the approval of the plat by the Secretary of the Interior, the filing of such plat, the awarding of the lot to the proper person — through preferential claim by virtue of having made improvements thereon or having pur- chased improvements made thereon — the sale of such lot and the payment by the purchaser of the full purchase price. In the absence of fraud the patent is conclusive and from the time of its delivery the town lot passes into the realm of general title law the same as the town lot of any other state. NOTE 1. The Act of 1903 referred to above provided for alienation of allotments and inherited lands, on approval of the Secretary of the Interior on recommendation of the Commission to the Five Civilized Tribes, for townsite purposes. SEGREGATED AND RESIDUE LANDS. In the various nations of the Five Civilized Tribes there were certain lands segregated from allotment, or remaining after the distribution of the lands to the members of the tribes. These have been sold, from time to time by the authority of Congress, under direction of the Secretary of the Interior. Pat- ents or deeds have been delivered to the purchasers of such lands, which, in the absence of fraud, are complete evidence of title. TITLE DIGEST 39 It E F E R E N ( E SECTIONS (Following is the text of sections, chapters and extracts lioin Acts referred to in the Digest.) TltlllAL LAWS OK DESCENT AND DISTRIBUTION. CREEK NATION. (Compilation of 1880) Sec. 8, Art. 10, Chap. 10. The lawful or acknowl- edged wife of a deceased husband shall be entitled to one-half of the estate, if there are no other heirs, in all cases where there is no will. The husband surviving shall inherit of a deceased wife in like manner. Sec. 1, Art. 2, Chap. 12. Should any person or per- sons appear, claiming to be the child or children of any deceased male citizen of this Nation, should it be proved that any such deceased person did not during life rec- ognize such person or persons as offspring, then such person shall not be entitled to any share in the estate of the deceased. Civil Laws Approved Oct. 12, 1867, and Not Re- pealed — 6. Be it further enacted, that if any person die without a will, having property and children, the prop- erty shall be equally divided by disinterested persons; and in all cases where there are no children, the nearest relative shall inherit the property. (Also contained in the "Laws of the Creek Nation," Perryman compila- tion of 1890.) McKellop Compilation of 1893— Chap. 14— Sec. 258. If any person claim to be the child of a deceased male person, and it should be proven that such person 40 TITLE DIGEST did not, during life, recognize the claimant as his off- spring, then such claimant shall not be entitled to any share in the estate of the deceased. Sec. 263. The lawful or acknowledged wife of a de- ceased husband shall be entitled to one-half of the es- tate, if there are no children, and a child's part, if there should be children, in all cases where there is no will. The husband surviving shall inherit of a deceased wife In like manner. CHOCTAW NATION. i A. Et. 1 nirant Compilation. ) Sec. 7, County Courts and Courts of Probate — 12. The property of all persons who die intestate, or with- out a will, shall descend to his legal wife, or husband, and their children ; and in case such deceased person has neither wife, nor husband, nor children, his or her grandchildren (if any) shall inherit the estate; and in case there is no grandchild the father or mother of such deceased person, or either of them shall inherit the es- tate ; and in case such deceased person has neither wife, nor husband, children or grandchildren, father or moth- er, his or her estate shall go to his or her brothers and sisters, and if none to their lawful children. Should there be none of the above mentioned relatives, to the inteste deceased person, the estate shall descend to the half brothers and sisters of the deceased person and their legal issue. CHICKASAW NATION. i An \5 — Conveyance by mar- ried female minor of Choc-taw allotment. BILBY VS. GILLILAND, 41 OKLA. 678 — Creek allot- ments — Conveyances — Descent and distribution. 150 WEN VS. CARTER, 4 2 OKLA. 565— Effect of allot- ment certificate when issued to enrolled member. THRAVES VS. GREENLEES, 42 OKLA. 764— Right to alienate Cherokee allotment — Descent. LEWIS VS. ALLEN, 42 OKLA. 5 84 — Removal of restric- tions on Chickasaw allotment by act of May 27, 1908, allottee being of one-eighth Indian blood. TEMPLEMAN VS. BRUNER, 42 OKLA. 6 — Creek allot- ment — Legitimation — Heirship. ST. L. & S. F. R. R. CO. VS. SKELTON, 42 OKLA. 266— Deed to railway right of way. TITLE DIGEST 115 WOOD VS. GLEASON, 43 OKLA. 9 — Issuance of patent a ministerial act after other requirements have been complied with. WALKER VS. BROWN, 43 OKLA. 144 — Right of Con- gress to legislate for Indians after they become citizens and allotment of their lands. PHILLIPS VS. BYRD, 43 OKLA. 556 — Determination of age — Fixed rule resulting from act of May 27, 1908. GRAYSON VS. DURANT, 4 3 OKLA. 799 — Enrollment records inadmissable where there are living witnesses who can testify as to age of allottee on transaction prior to act of May 27, 1908. SCOTT VS. BROKEL, 43 OKLA. 655 — What is enforced in "Enrollment Records" as evidence under act May 27, 1908 — Census card — Conclusiveness of decisions of the Commis- sion to the Five Civilized Tribes — Jurisdiction of Commission. GREENLEES VS. WETLOCK, 43 OKLA. 16 — Cherokee allotment — Right of alienation. REED VS. TAYLOR, 4 3 OKLA. 816 — Conveyance by' Cherokee freedman — Marriage of minor — Action of guardian — Validity of deed. McDOUGAL VS. McKAY, 4 3 OKLA. 261 — Creek allot- ment — Descent — New acquisition. CORNELIUS, ET AL. VS. YARBROUGH, 44 OKLA. 375 — The authority for removal of restrictions on allotments is vested in Congress — Construing act of May 27, 1908 — Enroll- ment record conclusive evidence of age — Applies only to trans- actions of alienation. SMITH VS. BELL, 4 4 OKLA. 370 — Alienation of allot- ment — Evidence of age — Enrollment records inadmissible where there are living witnesses to testify to the allottee's age on transaction prior to April 27, 1908 — Act of April 21, 1904. CHARLES VS. THORNBERG, ET AL., 44 OKLA. 379— Act of April 21, 1904, authorized an adult Creek freedman to deed her surplus allotment though she was a minor at the pass- age of the act —Retroactive effect — Effect of enrollment records as evidence of age. 116 TITLE DIGEST GILBERT VS. BROWN, 44 OKLA. 194 — Enrollment records conclusive as to age where conveyance was subject to the act of May 2 7, 1908. BENADUM VS. ARMSTRONG, 44 OKLA. 637 — Creek freedman not barred from alienating allotment after act of April 21, 1904, and act of May 27, 1908, though patent had not been issued. CRINER VS. FARVE, 4 4 OKLA. 618 — Devisable interest of full-blood Miss., Choctaw who died 1907, after identification and residence on land, but before proof or patent — Land passed to heirs under act April 26, 1906. LOVETT VS. JETER, 44 OKLA. 511 — Descent under Sec. 2522 and 2531, Mansfield's Digest, of a Choctaw Indian's allot- ment. GILLUM VS. AUGLIN, 44 OKLA. 684 — Same — Ascend. CAMPBELL VS. McSPADDEN, 4 4 OKLA. 138 — "Ap- proved Rolls"— "Enrollment Record" — Evidence— Census card. DUNCAN VS. BYARS, 44 OKLA. 538 — Census card as evi- dence. FREEMAN VS. FIRST NATL. BANK OF BOYNTON, 44 OKLA. 146 — Action to cancel deed of Indian allottee — Enroll- ment records as to conclusiveness of age — Age a question of fact. WALKER VS. McKEMIE, 44 OKLA. 468 — Recording of guardian's lease — Necessity of approval by court under act of June 28, 1898. ASCHCROFT VS. MOFFETT, 44 OKLA. 386 — Mortgage of oil and gas lease. WELLSVILLE OIL CO. VS. MILLER, 44 OKLA. 493— Oil and gas lease. MARCEY VS. BOARD OF COM'RS. SEMINOLE CO., 45 OKLA. 1 — Meaning of "Restriction on Alienation" — Federal control. T ITLE D IG EST 117 IN RE FRENCH'S ESTATE, 45 OKLA. 819 — Judicial sale of Cherokee allotment restricted if debt created during re- stricted period. BRADLEY VS. GODDARD, 4 5 OKLA. 77 — Removal by Congress by act of April 21, 1904, of restrictions on alienation of surplus allotment of allottees not of Indian blood. 118 T IT LE D I GEST Oklahoma Supreme Court Cases Continued. TITLE DIGEST 119 Oklahoma Supreme Court Cases Continued . 120 TITLE DIGEST Oklahoma Supreme Court Cases Continued. T IT LE D I G EST 121 Oklahoma Supreme Court Cases Continued. 122 TITLE DIGEST Oklahoma Supreme Court Cases Continued. TITLE DIGEST 123 Oklahoma Supreme Court Cases Continued. INDEX Descent Charts — Page Creek Nation 6 Cherokee Nation 14 Choctaw and Chickasaw Nations 22 Seminole Nation 30 Decisions of the Courts — I . S. Supreme Court Cases 84 Federal Court Cases 94 Oklahoma Supreme Court Cases 106 Homestead Charts- Creek Nation 6 Cherokee Nation 14 Choctaw and Chickasaw Nations 22 Seminole Nation 30 Inherited Homestead Charts — Creek Nation 8 Cherokee Nation 16 Choctaw and Chickasaw Nations 24 Seminole Nation 32 Inherited Surplus Charts — Creek Nation 12 Cherokee Nation 20 Choctaw and Chickasaw Nations 28 Seminole Nation 36 Laws of Descent — Creek Nation 39 Choctaw Nation 40 Chickasaw Nation 40 Cherokee Nation 41 Seminole Nation 42 Reference Charts — Creek Nation 7-9-11 Cherokee Nation 15-17-19 Choctaw and Chickasaw Nations 23-25-27 Seminole Nations 31-33-35 Surplus (hurts — Creek Nation 10 Cherokee Nation 18 Choctaw and Chickasaw Nations 26 Seminole Nation 34 Segregated and K«'.sldu«' Lands 37 Treaties ec. 16, 1897 55 Seminole Treaty, June 2, 1900 57 Original Creek Treaty, May 25, 1901 58 Act of May 27, 1902 61 Supplemental Creek Treaty, August 8, 1902 62 Cherokee Treaty, August 7. L902 65 Choctaw and Chickasaw Treaty. July 1, 1902 67 Seminole Treaty change, -March 3, 1903 68 Act Of April 21, 1904 69 Act Of March 3. 1905 70 Act of April 26, 1906 72 Enabling Act, November 16, 1907 75 Act of May 27, 1908 76 Act of June 25, 1910-. 81 Act of February 19, 1912 82 LAW LIBRARY UNI OF CALIFORNIA OCD , s J OS ANGELES StP 1 b UC SOUTHERN REGIONAL LIBRARY FACILITY III I I II II II II II II II II II AA 000 770 667 4