Public-domain · open source
OpenJurist

97 Okla. 254

223 P 141

Harrison v. Reed

Supreme Court of Oklahoma

Decided November 13, 1923

Supreme Court of Oklahoma · decided 1923-11-13

Relies on Molone v. Wamsley · Snell v. Canard · White v. Sallee

Good law ✅— No negative treatment on recordhow we know

Decided 1923-11-13

How this case has been cited

Cited by 7 later decisions — most recently May 1950

7 state decisions

401923193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1 Opinion by

LYONS, C.

¶2 Cindy Harrison, a duly enrolled citizen of the Seminole Nation of three-quarters Indian blood, died on August 11, 1918. On September 10, 1918, her heirs at law, some of whom were full-bloc d Indian citizens, made, executed, and delivered a conveyance of the interest inherited by them, and this conveyance was thereafter duly approved by the county court of Seminole county, under the provisions of the act of Congress of May 27, 1908.

¶3 The plaintiff in error contends that this conveyance was void because it was executed within 30 days from the date of the death of the decedent in violation of section *255 4, chapter 198, Session Laws of Oklahoma, 1915. This provision of law attempts to prohibit the county court from approving such conveyance, and makes it unlawful to record such conveyance and fixes penalties for the violation thereof.

¶4 The defendants in error contend that the conveyance and the approval thereof are regulated by the act of Congress of May 27, 1908, and that the state statute is void and unci institutional and an attempted interference with a federal agency.

¶5 The question is no longer open in this jurisdiction. See Malone v. Wamsley, 80 Okla. 181, 195 Pac. 484; White v. Sallee, 86 Okla. 260, 208 Pac. 214; Armstrong v. Letty, 85 Okla., 205, 209 Pac. 168-175; Chisholm v. Indian Development Company, 273 Fed. 589, and Snell v. Canard, 95 Okla. 145, 218 Pac. 813.

¶6 These cases all announce the rule that the state I cgisiature had no power to enact a statute which affected the validity of a conveyance. of full-blood Indian heirs requiring approval by section 9, of Act of Congress approved May 27, 1908, for the reason that such state Legislature attempted to limit the power of such federal agency as to such approval.

¶7 The judgment of the lower court is correct, and must be affirmed.

¶8 By the Court: It is so ordered.

/97/okla/254 · .json · Public domain