Moffer v. Jones

Citations

• 67 Okla. 171
• 169 Okla. 652

Syllabus

<p>('Syllabus.)</p> <p>1. Indians — Allotments—Descent and Distribution.</p> <p>Sections 13 and 21 of 'the Enabling Act (Act 'Cong. June 16, 1906, c. 3335, 34 Stat. 267), and section 2 of article 25 of the Constitution repealed that part of section 6 of the Supplemental Agreement (Act Cong. June 30, 1902, e. 1323, 32 ®tat. 501), providing that the descent and distribution of lands and money provided for by act of Congress approved March 1, 1901 (31 Stat. 861, e. 676), should be in accordance with, chapter 49, Mansfield’s Digest of the 'Statutes of Arkansas and substituted therefor the laws of the territory of Oklahoma thus extended to and put in force throughout the state, leaving in force the two provisos contained in section 6, which survived and operated upon such laws so as to limit the same to -the extent- that only citizens of fch,e Creek Nation .and their Creek descendants could inherit lands of the Creek Nation, and that if there be no person of Creek descent, -then the inheritance should go to noncitizen heirs in the order named in the laws of Oklahoma. v</p> <p>2. Judgment — “Collateral Attack” — What Constitutes.</p> <p>Where plaintiff brought an action to establish his title to certain lands and to set aside a guardian’s deed which had been executed thereto, held that proceeding was a collateral attack upon the probate proceeding in which such deed was executed.</p> <p>3. Same — Scope of Inquiry.</p> <p>In a collateral attack upon probate proceedings in the county court, the scope of the inquiry is confined to the question whether the county court had jurisdiction of such proceedings, and its orders will not be held void for errors or irregularities 'occurring during the progress of the proceeding.</p> <p>4. Indians — Guardianes Deed — Approval of Secretary of Interior.</p> <p>The approval of the Secretary of the Interior was not necessaiw to the validity of a guardian’s deed to the interest of a minor in the lands of his full-blood, mother executed Octo