Untied States v. Cook

Citations

• 225 F. 756
• 141 C.C.A. 22
• 1915 U.S. App. LEXIS 2145

Syllabus

<p>Indians <@=>15—Alienation of Lands—Allottees—Heirs—“Limitation.”</p> <p>Supplemental Creek Agreement of June 30, 1902, c. 1323, § 16, 32 Stat. 503, declaring that lands allotted to citizens shall not be alienated by the allottee or his heirs before the expiration of 5 years from date of approval of the agreement, except with the approval of the Secretary of the Interior, that each citizen shall' select a homestead, which shall be inalienable for 21 years, and that the homestead of each citizen shall remain after the death of the allottee for the support of children born to him after May 25, 1901, but if he have no such issue then he may dispose of his homestead by will “free from the limitation here imposed,” and if this be not done the homestead shall descend to his heirs “free from such limitation,” removes homesteads of such allottees as died intestate, leaving no issue bom after May 25, 1901, from the restrictions, and they are subject to sale by heirs; the word “limitation” being used interchangeably with the word “restriction,” and referring to the restrictions provided for.</p> <p>[Ed. Note.—For other cases, see Indians, Cent. Dig. §§ 17, 29, 34, 37-44; Dec. Dig. <@=>15.</p> <p>For other definitions, see Words 'and Phrases, First and Second Series, Limitation.]</p> <p><@^5>For other oases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>