Kenny v. Miles,
250 U.S. 58 (1919)

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U.S. Supreme Court

Kenny v. Miles, 250 U.S. 58 (1919)

Kenny v. Miles

No. 179

Argued January 24, 1919

Decided May 19, 1919

250 U.S. 58


Subject to the provisions as to certificates of competency, lands allotted as homestead and surplus respectively, under the Act of June 28, 1906, c. 3572, 34 Stat. 539, in the right of a deceased Indian member of the Osage tribe, duly enrolled, and descending to Indian heirs, likewise members duly enrolled, are subject to the same restrictions on alienation as are imposed upon lands allotted to living members. P. 250 U. S. 63. Levindale Lead Co. v. Coleman, 241 U. S. 432; Mullen v. United States, 224 U. S. 448, and Skelton v. Dill, 235 U. S. 206, distinguished.

Section B of the Act of April 18, 1912, c. 83, 37 Stat. 86, provides that

"the lands of deceased Osage allottees, unless the heirs agree to partition the same, may be partitioned or sold upon proper order of any court of competent jurisdiction in accordance with the laws of the State of Oklahoma: Provided, That no partition or sale of the restricted lands of a deceased Osage allottee shall be valid until approved by the Secretary of the Interior."

Held: (1) that the term "restricted lands" refers to the restrictions on alienation imposed by Congress to protect the Indians from their own incompetency (p. 250 U. S. 61), and (2) that, in the absence of approval by the Secretary, a judgment for partition or sale, in a suit brought under this section in the state court respecting such lands, is inoperative, so that a finding of heirship, forming a part of it, is not conclusive in other proceedings. P. 250 U. S. 65.

162 P. 775, reversed.

Page 250 U. S. 59

The case is stated in the opinion.

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