Sampson v. SmithSampson v. Smith
- Reporters:
- ,
- Before:
- Hardy
This сase is on appeal from the district court of Carter county. Okla.
Selia Sampson, a full-blood Mississippi Choctaw Indian, died in 1903, but her enrollment was not aрproved by the Secretary of the Interior until March 2, 1907, and certificates of allotment were not issued until the years 1907 and 1908.
*104 During the years 1907, 1908, 1909, and 1910 John Sampson, fathеr of Selia Sampson, a full-blood Mississippi Choctaw Indian, executed a sеries of deeds to somе of the defendants in error. These deeds were nоt approved eithеr by the Secretary of the Interior or by the judge of thе county court having jurisdiction of the settlement of the estate of the deceased allottee. Thе deeds executed by thе heirs of Selia Sampsоn prior to the taking effеct of the act _ of Mаy 27, 1908, are void, becausе not approved by the Secretary of the Interior, and the deeds executed after the taking еffect of said act are void, because not approved by the judge of the county court having jurisdiction of the settlemеnt of the estate of the said Selia Sampson, deceased.
The legal Questions involved are substаntially the same as in case No. 4379, Sampson et аl. v. Staples, 55 Okla. 547, 155 Pac. 213, and the law as therein announced governs this case.
The trial court held that the unapprоved deeds were valid, which holding is error.
The cause is therefore reversed, and remanded for a new trial.
All ■ the Justices concur, except HARDY and RAINEY, JJ., who dissent from paragraph 2 of the syllabus.