United States v. Fooshee

Citations

• 225 F. 521
• 139 C.C.A. 570
• 1915 U.S. App. LEXIS 2125

Syllabus

<p>Indians —Autonation ov Lands—Validity,</p> <p>Act April 26, 1906, c. 1876, § 22, 34 Stat. 145, provides that conveyances of land by the heirs of deceased Indians of the Choctaw and certain other tribes shall be subject to the approval of the Secretary of the Interior. F.. an enrolled Choctaw Indian, devised land patented to him to D., who was an heir of F. and would have taken by descent an interest in the land liad F. died intestate, but it did not appear that she was the only heir of F. Held, that a conveyance by D. without the approval of the Secretary of the Interior was valid, since, while an, heir will take by descent rather than devise where the same estate that he would take by descent is devised to him, it did not appear that D. would have taken by descent the entire interest in the land given her by the will.</p> <p>[Ed. Note.—For other cases, see Indians, Cent. Dig. §§ 17, 29, 34, 37— 44; Dec. Dig. <Ss»15.]</p> <p>«grsjFor other eases seo same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>