Hawkins v. Okla Oil Co.

Citations

• 195 F. 345
• 1911 U.S. App. LEXIS 5453

Syllabus

<p>Indians (§ 15*)—Allotments—Homestead Rights.</p> <p>Under the Original Creek Agreement (Act Cong. March 1, 1901, c. 676, 31 Stat. 861), providing for the allotment of lands among the citizens of the Creek Tribe, declaring that lands allotted shall not be alienated by the allottee before a specified period, and that each citizen shall select from his allotment 40 acres as a homestead, which shall not be alienable for an additional period, and providing that all citizens living on April 1, 1899, entitled to be enrolled, shall be placed on the rolls, and that if any such citizen has died since that time, or may subsequently die before receiving his allotment, the land shall descend to his heirs according to the laws of descent and distribution of the Creek Nation, etc., an allotment Of a citizen dying in May, 1899, intestate and before selection, descends to his heirs and vests in its undivided entirety among the heirs, and a practice of the Dawes Commission in dividing an allotment into separate tracts, designating one the homestead and the other the surplus, followed by a patent of one part as a homestead, Is void, and the entire allotment Is within Act Cong. April 21, 1904, c. 1402, 33 Stat. 189, removing restrictions from Indian lands, and a conveyance by the heirs is valid.</p> <p>[Ed. Note.—For other cases, see Indians, Cent. Dig. §§ 17, 37-14; Dec. Dig. § 15.*]</p>