4 Indian Terr. 556 | Ct. App. Ind. Terr. | 1903
An examination of the evidence and record in this case discloses the fact that the plaintiffs below (appellees) here), by virtue of their lease with certain members of the Choctaw tribes of Indians, were in possession of a large tract of land in the Chickasaw Nation, consisting of about 9,140 acres of land; that such lease was made on the 10th day of April, 1899, and the possession thereunder was taken by said appellees; that the Atoka agreement between the Choctaw and Chickasaw Tribes of Indians was in force; that as a part and parcel of the Atoka agreement the following language appears; “That all contracts looking to the sale or incumbrance in any way of the lands of an allottee, except the sale hereinbefore provided, shall be null and void. No allottee shall lease his allotment, or any portion thereof, for a longer period than five years, and then without the privilege of renewal. Every lease which is not evidenced by writing, setting out specifically the term thereof, or which is not recorded in the clerk's office of the United States court for the district in which the land is located, within three months after the date of its execution, shall be void, and the purchaser or lessee shall acquire no rights whatever by an entry or holding thereunder. And no such lease or any sale shall be valid as against the allottee unless providing to him a reasonable compensation for the lands sold or leased.” The evidence disclosed
An inspection of the record discloses no error, and, finding no error therein, the decision of the lower court is hereby affirmed.