Hickory v. Campbell

Citations

• 75 Okla. 79

Syllabus

<p>(Syllabus by the Court.)</p> <p>1. Indians — Power of Probate Attorney— Right to Appeal.</p> <p>Section 6 of an act of Congress approved May 27, 1908, c. 199, 85 Stat. at L. 312, defining the duties and powers of the local representative now officially known as the probate attorney, which provides that he may “go to the further extent of prosecuting any necessary remedy * * * to preserve the property and protect the interest of minor al-lottees,” grants to him power full and plenary to preserve the property and protect their interest, which by necessity must carry with, it the right oí an appeal by him, and this right of appeal is not denied or prevented by the failure of the guardian to assent or join therein.</p> <p>2. Same — Recognition of Power of Probate Attorney.</p> <p>Under section 6, supra, the person and property of minor allottees are made subject to the jurisdiction of the probate courts of the state, and in the Same section the powers and duties of the probate attorney are defined. Courts in exercising the jurisdiction conferred must recognize the powers and duties of the probate attorney as defined in said section.</p> <p>3. Same — Appeal by Probate Attorney— Bond.</p> <p>Under section 6, supra, bond as a condition precedent to an appeal by the probate attorney not being required by the act, the statute requiring bond is therefore ineffective and inapplicable in an appeal by him from an order affecting the interest of a minor al-lottee whom it is his official duty to represent.</p> <p>4. Indians — Sale of Surplus Allotment— Finding as to Value.</p> <p>On hearing return of sale wherein $26,000 had been bid for the lands, four witnesses fixed the value of the land ranging from $30,000 to $36,000, the guardian at $24,000, the bidder at $25,000, and the appraisers at $26,000, and the court found that the value of the land sold was not disproportionate tr the amount of the bid. Held, that, as the value of the land is a matter of judgment, witnesses might