175 P. 828 | Okla. | 1918
This proceeding was instituted for the purpose of recovering moneys paid as taxes by certain members of the Choctaw and Chickosaw Tribes of Indians on lands alloted to them under the laws regulating such matters. The various Indian citizens who paid such taxes assigned their claims to plaintiff in error, and one proceeding is prosecuted to recover the amounts paid by some 650 allottees. A petition setting up the principal facts was filed with the board of county commissioners, where the claim was denied. An appeal was taken to the district court, where the petition was amended, and defendant county filed a demurrer thereto, which was sustained. Plaintiff, being aggrieved, excepted to the ruling and beings the case here. The petition sets out the history of the legislation which resulted in the allotment of the lands of the Choctaw and Chickasaw Tribes in severalty, and asserts that under such laws and treaties the lands allotted were exempt from taxation at the time said sums were paid; and further alleges that the officials of Carter County, in violation of the rights of the allottees assessed for taxation and levied taxes against said lands; whereupon certain citizens of the Choctaw and Chickasaw Nations instituted suit in the Superior court of Logan county, to enjoin the col of taxes upon exempted lands, which litigation was prosecuted to a final determination in favor of the plaintiffs therein. Choate v. Trapp et al.,
In Board of County Commissioners of Love County v. Ward et al.,