United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bunch v. Cole, 263 U.S. 250 (1923)

Bunch v. Cole

No. 33

Submitted March 16, 1923

Decided November 19, 1923

263 U.S. 250

Syllabus

When a lease of an Indian allotment, made by the allottee in excess of the powers of alienation allowed him by acts of Congress, is declared by those acts to be absolutely null and void, a state statute which, as applied by the state court, gives it effect as creating a tenancy at will and as controlling, the amount of compensation which the allottee may recover for the use and occupation of the land by the persons named as lessees is to that extent invalid under Article VI, cl. 2, of the Constitution. P. 263 U. S. 253.

85 Okla. 38, reversed; certiorari dismissed.

Error to a judgment of the Supreme Court of Oklahoma which reversed a judgment recovered by the present

Page 263 U. S. 251

plaintiff in error in a trial court in his action to recover for wrongful use and occupation of his allotted land.