The trial of title to land in Oklahoma Volume 2 ; being a treatise on the law of real estate, with practice, forms, and procedure

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 Excerpt : . . . An act of C…

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 Excerpt : . . . An act of Congress is not unconstitutional because it supersedes a prior treaty. The acts of Congress in respect to the determination of citizenship in Indian tribes are not unconstitutional as impairing or destroying vested rights, as the lands and moneys of these tribes are public, and are not held in individual ownership. ” Sec. 1833. General provisions–Minors and a sale of their land’s. In another chapter of this book, beginning with section 836, supra, there is to be found a clear and succinct statement of the law and procedure by which the real estate of a minor may be sold. This law applies to members of the Cherokee tribe of Indians. In that chapter, beginning with section 859, will be found a complete set of forms for the practice and procedure for the sale of the real estate from the filing of the petition to and including a form for the deed of the guardian to such person for the real estate purchased at such sale. The provisions of the act of Congress of the twenty-sixth day of April, nineteen hundred and six and the act of May twenty-seven, nineteen hundred and eight are all applicable to the allotted and inherited lands of a member of the Cherokee Nation. 24 The law of Congress making the enrollment records of the Commission to the Five Civilized Tribes conclusive as to age and blood of an allotee is also applicable to the Cherokees. 25 23 Stephens v. Cherokee Nation, Bledsoe’s Indian Land Laws, 174 U. S. 44G, syllabus. Sec. 123b. Sec. 1834. Limit of period for alienation. Sections fourteen and fifteen of the Cherokee Agreement,20 construed together mean that all lands allotted to members of said tribes, except homesteads, were alienable in five years after issuance of patent and not prior thereto. 27 28 Act July 1, 1902, 32 Stat. L. 717. &. . .

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