United States Supreme Court Cases & Opinions

U.S. Supreme Court

Drummond v. United States, 324 U.S. 316 (1945)

Drummond v. United States

No. 520

Argued February 7, 8, 1945

Decided March 5, 1945

324 U.S. 316

Syllabus

1. A suit by the United States to enforce restrictions on Indian land is not barred by a prior judgment in proceedings in which the United States was not formally a party, but in which the Secretary of the Interior had authorized employment and approved the fees of counsel for the Indian. P. 324 U. S. 317.

2. A mortgage of lands inherited from an Osage allottee, given by the heir prior to the state court decree adjudging heirship, was invalid under § 7 of the Act of April 18, 1912, even though the heir had a certificate of competency at the time of the execution of the mortgage. P. 324 U. S. 318.

3. Within the meaning of § 7 of the Act of April 18, 1912, lands inherited from an Osage allottee though an incompetent are "turned over" to the heir when the probate court decrees heirship. P. 324 U. S. 319.

144 F.2d 375 affirmed.

Certiorari, 323 U.S. 699, to review the reversal of a judgment against the United States in a suit brought by it to cancel a mortgage and to quiet title to lands.