Clark v. De Graffenreid

Citations

• 166 P. 736
• 64 Okla. 177
• 1917 OK 352
• 1917 Okla. LEXIS 615

Syllabus

<p>(Hyilal.us by the Court.)</p> <p>1. Prohibition — Proceedings—Interest.</p> <p>Where an order of a county court authorizes a guardian of a minor to purchase real estate of a third party at a price for which the latter is afterwards willing to sell, and an appeal is taken from such order in behalf of such minor to the district 'court, such third party, who denies the jurisdiction of such district court in such case, has a sufficient interest in such order to entitle him to file and prosecute in the Supreme Court a petition for a writ of prohibition to prevent the judges of such district -court from exercising appellate jurisdiction in such case, although such third party is not contractually bound to sell at such price.</p> <p>2. Indians — Lands—Restrictions—Guardianship — Authority of Probate Attorneys.</p> <p>Under the provisions of section 6, Act Cong. May .27, 1908, -c. 199, 35 Stat. 312, entitled “An act for the removal of restrictions from part of the lands of allottees of the Five Civilized Tribes, and for other purposes,” the local representatives appointed by the Secretary of the Interior, with authority and duty under said act, among other things, “of prosecuting any necessary remedy, either civil or criminal, or both, to preserve the property and protect the interest of * * * minor allottees,” are authorized, as, in effect, congressionally designated “next friends” of such allottees, to prosecute an appeal in behalf of such minor allottees from the county to the district court from any ap-pealable order obtained by the guardian of such allottees which affects their property or interests.</p> <p>(a) A petition for a writ of prohibition to prevent such district court from exercising such jurisdiction in such case upon the ground of want of authority in such representatives to appeal from such order in behalf of such minor will -be denied.</p> <p>3.Prohibition — Issuance of Wilt — Right.</p> <p>Where a case is filed in a district -court and purports to hav