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McGeisey v. Board of Com'rs. of Seminole County

McGEISEY v. BOARD OF COMMISSIONERS OF SEMINOLE COUNTY Et Al.

McGeisey v. Bd. of Com'rs. of Seminole Cnty., 1914 OK 584, 144 P. 614
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
November 24, 1914
Docket
No. 5554
Judges
Loofbourrow, Kane
Citations
144 P. 6141914 OK 58445 Okla. 101914 Okla. LEXIS 228
Disposition
Reversed and remanded.
Syllabus
TAXATION OF INDIAN LANDS. Syllabus the same as in Marcy v. Board of County Commissioners of Seminole County, ante, 144 Pac. 611, recently decided by this court, but not yet officially reported. (Syllabus by the Court.)
Summary
Error from District Court, Seminole County; Tom D. McKeown, Judge. Action by Mollosey McGeisey against the Board of County Commissioners of Seminole County and others. Judgment for defendants, and plaintiff brings 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 — Loofbourrow

LOOFBOURROW, J.

Cooper Coker was a half-blood Seminole Indian, enrolled December 31, 1899. He died December 19, 1900, before receiving his allotment. The land which he would have received had he lived passed to his mother, Mollosey Mc-Geisey, an adult full-blood Seminole, as provided by section 2 of the act of Congress approved June 2, 1900 (chapter 610, 31 Stat. 250 ). See Bruner v. Sanders, 26 Okla. 673 , 110 Pac. 730 . The said lands are still the property of Mollosey McGeisey and were listed for taxation in Seminole county for the year 1912. Plaintiff in error commenced an injunction proceeding in the district court' of Seminole county to enjoin the collection of said taxes. The petition alleged all the essential facts, and a demurrer thereto by the defendants was, by the trial court, sustained, and said petition dismissed. From this judgment plaintiff appeals.

*11 Every proposition involved in this ease has been recently decided by this court in the cast of Marcy v. Board of County Commissioners of Seminole County et al., ante, 144 Pac. 611 . On the authority of that ease, the judgment of the trial court is reversed and the case remanded. See, also, Tiger v. Western Inv. Co., 221 U. S. 286 , 31 Sup. Ct. 578, 55 L. Ed. 738 .

All the Justices concur, except KANE, C. J., not participating.

How later courts describe this case

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

1916: 11917: 11931: 11932: 119162026peak 1916 · 1

Relies on it most ⓘ

  1. Hutchison v. Brown1916 OK 906, 167 P. 624
  2. Smith v. Sumpsey and Rosie1917 OK 342, 166 P. 1094
  3. Wynn v. Fugate1931 OK 317, 299 P. 890
  4. Johnson v. Jackson1932 OK 237, 9 P.2d 950

Most recent

  1. Johnson v. Jackson1932 OK 237, 9 P.2d 950
  2. Wynn v. Fugate1931 OK 317, 299 P. 890
  3. Smith v. Sumpsey and Rosie1917 OK 342, 166 P. 1094
  4. Hutchison v. Brown1916 OK 906, 167 P. 624

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 3

DepthCaseCited by
Tiger v. Western Inv. Co., 221 U.S. 286 (1911) 259
Bruner v. Sanders, 1910 OK 194, 110 P. 730 14
Marcy v. Bd. of Comm'rs of Seminole Cnty., 1914 OK 583, 144 P. 611 26

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