Hayes v. Barringer

Citations

• 168 F. 221
• 93 C.C.A. 507
• 1909 U.S. App. LEXIS 4439

Syllabus

<p>1. Inmans (§ 35*) —Real Estate — Restrictions on Disposition — “Alienable” and “Inalienable” Include Wills.</p> <p>The words “alienable” and “inalienable,” used to restrict the disposition of lands in the Supplemental Agreement with the Ohickasaws and Choctaws (Act July 1, 1902, c. 1362, 32 Stat. 642, 643, §§ 12, 15, 16), include disposition by will.</p> <p>[Ed. Note. — For other cases, see Indians, Cent. Dig. § 38; Dee. Dig. § 15.*</p> <p>For other definitions, see Words and Phrases, vol. 1, pp. 302-306; vol. 8, p. 7571.]</p> <p>2. Indians (§ 15*) — Equity o'j? Eneolled Member Before Allotment Not De-visable.</p> <p>The right and equity of an enrolled member of the Chickasaw Nation of Indians, who died testate in 1908 before receiving an allotment, to a just share of the lands of the Ohickasaws and Choctaws, was not devisable, and the title to the lands subsequently derived therefrom was not affected by the will.</p> <p>[Ed. Note. — For other cases, see Indians, Cent. Dig. § 38; Dec. Dig. § 15.*]</p> <p>3. Indians (§ 15*) — Chickasaw Wills and Probate by Their Courts Effective Prior to 1906.</p> <p>Prior to March 4, 1906, the Chickasaw Indians bad the right to dispose of their devisable property by wills made in accordance with the laws of the Ohickasaws, the proper Chickasaw probate court had jurisdiction to probate these wills, and its judgments are impervious to collateral attack.</p> <p>I Ed. Note. — For other cases, see Indians, Cent. Dig. § 38; Dec. Dig. § 15.*]</p> <p>(Syllabus by the Court.)</p>