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Hoteyabi v. Vaughn

HOTEYABI Et Al. v. VAUGHN Et Al.

Hoteyabi v. Vaughn, 1912 OK 367, 124 P. 63
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
May 14, 1912
Docket
No. 1802
Judges
Robertson
Citations
124 P. 631912 OK 36732 Okla. 8071912 Okla. LEXIS 339
Disposition
Affirmed.
Syllabus
INDIANS — Lands—Allotment—Conveyance. Lands allotted (homestead and surplus) under the provisions of section 22, c. 1362, 32 Stat. 641, approved July 1, 1902,' in the name of a deceased member of the Choctaw Tribe of Indians, are alienable by his heirs after lawful selection, prior to the lapse of one, three, or five years, and prior to the issuance of certificate of patent. Hancock et al. v. Mutual Trust Co. et al., 24 Okla. 391, 103 Pac. 566. (Syllabus by Bobertson, C.)
Summary
Error from District Court, Garvin County; R. McMillan, Judge. Action by T. H. Vaughn and others against Sillis Hoteyabi and others to quiet title to real estate. Judgment for plaintiffs, and defendants bring error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Robertson

Opinion by ROBERTSON, C This case involves the consideration of the identical question decided by this court in the case of Hancock et al. v. Mutual Trust Company et al., decided July 13, 1909, and reported in 24

Okla. 391 , 103 Pac. 566 . The opinion in that case by Mr. Justice Dunn is conclusive as to the issue herein, and we hereby adopt and promulgate the opinion in that case as and for the opinion in this case. See, also, the recent case of J.

S. Mullen et al. v. United States, 224 U. S. 448, 32 Sup. Ct. 494, 56 L. Ed. --, decided by the Supreme Court of the United States April 15, 1912, which is also conclusive as to the issues herein.

For the reason assigned, the judgment of the district court of Garvin county should be affirmed.

By the Court: It is so ordered.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1913: 11925: 219132026peak 1925 · 2

Relies on it most ⓘ

  1. Young v. Chapman1913 OK 128, 130 P. 289
  2. Aldrich v. Hinds1925 OK 151, 245 P. 854
  3. Aldrich v. Hinds1925 OK 152, 235 P. 1100

Most recent

  1. Aldrich v. Hinds1925 OK 152, 235 P. 1100
  2. Aldrich v. Hinds1925 OK 151, 245 P. 854
  3. Young v. Chapman1913 OK 128, 130 P. 289

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Hancock v. Mut. Trust Co., 1909 OK 170, 103 P. 566 24
Mullen v. United States, 224 U.S. 448 (1912) 92

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