Midland Oil Co. v. Turner

Citations

• 179 F. 74
• 102 C.C.A. 368
• 1910 U.S. App. LEXIS 4611

Syllabus

<p>1. Indians (§ 16*) — Indian Lands — Leases—Approval op Assignment by Secretary op Interior.</p> <p>The statutory requirement that leases made 'by Indian allottees of the Cherokee and other civilized tribes in the Indian Territory should be subject to approval by the Secretary of the Interior before being effective conferred on the Secretary only the powfer of approval or disapproval, and gave'him no authority to initiate or make a lease, or to change or ignore its provisions, and his approval of an assignment of a lease, made without the consent of the lessor, in direct violation of its conditions, did not validate such assignment.</p> <p>[Ed. Note. — For other cases, see Indians, Dec. Dig. § 16.*]</p> <p>2. Indians (§ 16*) — Indian Lands — Suit to Enjoin Trespass — Defenses— Void Assignment op Oil Lease.</p> <p>Where an allottee of Indian lands made an oil lease thereon, providing that it should not be assignable without her consent, strangers to such lease, who went upon the land, drilled wells, and produced oil therefrom, acquired no right by the subsequent assignment to them of the lease without the lessor’s consent; nor was the assignment validated by an approval by the Secretary of the Interior over the lessor’s protest, and a court of equity properly enjoined the trespassers from further operating their wells, and canceled the lease, where the -lessee, who was made a party, made no claim thereunder.</p> <p>[Ed. Note. — For other cases, see Indians, Dec. Dig. § 16.*]</p> <p>3. Mines and Minerals (§ 51*) — Recovery of Oil Land from . Trespassers —Receivers—Expense of Operating Wells.</p> <p>Where oil wells, drilled by defendants as trespassers on the land of complainant, pending a suit to recover possession, were operated by a receiver, who used defendants tools and machinery, and the oil produced was awarded to complainant, but defendants were allowed to keep the proceeds of that produced by them, less a royalty, and to remove their tools and machinery, the