Morris v. Greenlees

Citations

• 90 Kan. 472
• 135 P. 569
• 1913 Kan. LEXIS 246

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Cherokee Indian Lands — Death of Allottee — Deed from Heirs within Five Years from Ratification of Treaty — Void. A member of the Cherokee tribe of Indians who was duly enrolled in accordance with the provisions of the treaty with the Cherokees approved by act of congress on July 1, 1902, and ratified by the Cherokee Nation on August 7, 1902, died subsequently to September 1, 1902, and before he received the allotment of land to which he was entitled. Afterwards the land was allotted in his name for the benefit of his heirs. Held, that the lands descended to the heirs subject to the restrictions in section 14- of the treaty and that the heirs had neither the right nor the power to alienate the lands so inherited by them for a period of five years from the ratification of the treaty.</p>