173 P. 1136 | Okla. | 1918
This is an action of ejectment commenced in the district court of Carter county, by the plaintiffs in error against the defendants in error, to recover certain lands. The lands in controversy were allotted to Jim Lewis, a full-blood Mississippi Choctaw Indian, as his proportionate share of the tribal lands of the Choctaw Nation. In 1904, after receiving his allotment, Jim Lewis died, leaving the plaintiffs as his heirs. Plaintiffs claim title to the land and the right to the immediate possession thereof by inheritance from the said Jim Lewis. The defendants claim title to the lands by reason of the following facts: That in the final distribution among the heirs of the said Jim Lewis of his property there was a partition proceeding had in the county court, whereby the lands were partitioned. On the recommendation of the commissioners appointed by the court that it would be to the best interests of the heirs that the lands should not be divided, and that one of the heirs should be vested with the title upon his payment into court the appraised value for the others' interest, Webb Lewis paid the appraised amount into court for the use of the other heirs, and on the 18th day of September, 1909, the county court adjudged that title be vested in Webb Lewis. Subsequently Webb Lewis made a conveyance of all of the land in controversy to John Gillard. This conveyance was approved by the county court in the manner provided for the approval of conveyances by full-blood Indians of inherited lands. In cause No. 8981 there was judgment for the defendants. In cause No. 9129 there was judgment for plaintiffs, except Webb Lewis; the trial court holding that he had conveyed his interest by the deed approved by the county court.
The only question involved in this action is the question of the jurisdiction of the county court to partition the lands in controversy. The lands in controversy were restricted lands, and could only be conveyed in the manner provided by Congress; conveyance could only be made by voluntary conveyance by the full-blood heirs approved by the county court having jurisdiction of the estate of the deceased. Brader v. James,
The records in the partition proceedings in the county court fail to disclose that the heirs were full-blood Indians, or that the lands in controversy were restricted lands. The defendants contend that, it not appearing upon the face of the records that the court was without jurisdiction, the judgment of the county court for that reason is not subject to impeachment by collateral attack. This question has been settled by this court adversely to the contention of the defendants in the case of Barnard v. Bilby,
The plaintiff Sarah Lewis was the wife of the allottee, Jim Lewis. Whatever claim she has in the lands in controversy is by reason of her dower right. The only defense that the defendants have to her claim is that her claim to dower is barred by the statute of limitations. The fact that the conveyance of Webb Lewis, approved by the county court in the manner prescribed by the acts of Congress for the conveyance of full-blood Indian heirs, conveyed his interest to the defendant in error makes it necessary to decide this question. The allottee died in 1904, and the right of dower is fixed by the statutes of Arkansas in force in the Indian Territory before statehood. The statute of limitations of Arkansas governs all causes of action accruing while the Arkansas law was in force, before statehood. Patterson v. Rousney,
Therefore, the judgment of the district court in cause No. 8981 is reversed, with directions to the court to enter judgment for the plaintiff, except as to Webb Lewis: and in cause No. 9129, the judgment of the district court is affirmed.
By the Court: It is so ordered.