Muskogee Land Co. v. Mullins

Citations

• 165 F. 179
• 91 C.C.A. 213
• 1908 U.S. App. LEXIS 4741

Syllabus

<p>1. Evidence (§ 437*) — Parol Evidence to Invalidate Written Instrument-Illegality.</p> <p>Parol evidence is always competent to show that a written contract, fair and lawful on its face, is in truth contrary to law, morals, or public policy.</p> <p>[Ed. Note. — For other cases, see Evidence, Cent. Dig. §§ 2027-2029; Dec. Dig. § 437.*]</p> <p>2. Trial (§ 141*) — Direction of Verdict.</p> <p>Where there is no substantial conflict in the evidence, the disposition of the case becomes a matter of law for the court.</p> <p>[Ed. Note. — For other cases, see Trial, Cent. Dig. § 336; Dec. Dig. § 143.*]</p> <p>3. Indians (§ 16*) — Lands—Validity of Lease.</p> <p>Under Act June 30, 3902, c. 3323, § 17, 32 Stat. 504, which provides: “Creek citizens may rent their allotments for strictly nonmineral purposes, for a term not to exceed one year for grazing purposes only and for a period not to exceed five years for agricultural purposes. * * * Any agreement or lease of any kind or character violative of this paragraph shall be absolutely void and not susceptible of ratification in any manner, and no rule of estoppel shall ever prevent the assertion of its invalidity” —a lease for two years of such allot! ed lands, purporting to be for agricultural purposes, but shown to have been in fact for grazing purposes, although not made by the allottees, but by one claiming under them, is void, and its validity may be denied by the lessee.</p> <p>[Ed. Note. — For other cases, see Indians, Cent. Dig. § 45; Dec. Dig. § 16.*]</p>