Anchor Oil Co. v. Gray

Citations

• 256 U.S. 519
• 41 S. Ct. 544
• 65 L. Ed. 1070
• 1921 U.S. LEXIS 1582

Syllabus

<p>1. The authority of the Secretary of the Interior under § 2 of the Act of May 27,1908, c. 199, 35 Stat. 312, to approve an oil and gas lease made by a full-blood Creek allottee is not taken away, under § 9, by the death of the allottee. P. 522.</p> <p>2. As respects the rights of the allottee’s heirs and those claiming under thém with'notice of such outstanding lease, the approval relates back and takes effect as of the execution of the lease by the parties named therein. P. 522.</p> <p>3. Under the Act of March 1, 1907, c. 2285, 34 Stat. 1026, the lodging of such lease in the office of the United States Indian Agent (now Superintendent of the Five Civilized Tribes) at Muskogee, for ' transmission to the Secretary of the Interior, constituted constructive notice to persons who, after the death of the lessor and after the lease had been approved by the Secretary, took another lease from the lessor’s heirs. P. 522.</p> <p>4. The provision of the Act of March 1, 1907, making the filing of Indian .léases with the- Indian Agent at Muskogee constructive notice, was not superseded by the admission of Oklahoma as a State or as a result of provisions in the Enabling Act of June 16,1906, and in the state constitution adopted thereunder. P. 523.</p> <p>257 Fed. Rep. 277, affirmed.</p>