Bridges v. Stick
| Decision Date | 09 May 1952 |
| Docket Number | Civ. 3073. |
| Citation | 106 F. Supp. 506 |
| Parties | BRIDGES v. STICK et al. |
| Court | U.S. District Court — Eastern District of Oklahoma |
Busby, Harrell & Trice, Ada, Okl., for plaintiff.
Edwin Langley, U. S. Atty., Muskogee, Okl., for defendants and intervener, U. S. A.
1. This cause came on for hearing on the 5th day of December, 1951; plaintiff appeared by his attorney, Orel Busby, and the intervener, United States of America, for itself and its restricted wards appeared by Cleon A. Summers, United States Attorney, and Francis Stewart, Assistant United States Attorney. The facts as hereinafter found are not in dispute. The matter was taken under advisement to afford the attorneys an opportunity to submit written briefs on the legal questions involved.
2. This action was begun in the District Court of Atoka County, Oklahoma, to quiet title to the land hereinafter described, and other land. Notice was served upon the Area Director, successor to the Superintendent for the Five Civilized Tribes, in accordance with the provisions of the Act of April 12, 1926, 44 Stat. 239, and amendments thereto, and after recommendation for removal said cause was removed to this Court by the United States Attorney within the time granted by the state court. Upon application this cause, except as to the land hereinafter described, was remanded to the state court. The land hereinafter described is restricted Indian land in which restricted Indians claim interests. The Court retained jurisdiction over and now has jurisdiction to determine the issues involving the land hereinafter described.
3. Nellie Stick was duly enrolled as a full-blood Chickasaw Indian opposite Roll No. 873 and there was duly allotted to her the following described land located in what is now Atoka County, Oklahoma, to-wit:
Deed therefor was duly executed, delivered and recorded and she became seized and possessed of the fee simple title to said land, subject to the restrictions provided by Congress. Those restrictions were never removed.
4. Nellie Stick died intestate January 10, 1908, leaving as her heirs the following named persons who admittedly inherited the portions of said real estate set out opposite their respective names:
Billie Stick, husband, full-blood Chickasaw
No. 872, ................................ 1/3
Katie Stick Scribner, full-blood Chickasaw
No. 874, ................................ 2/15
Mattie Stick, full-blood Chickasaw, No
875, .................................... 2/15
Eddie Stick, full-blood Chickasaw, No
877, .................................... 2/15
Josephine Kuctchubby, full-blood Chickasaw
No. 878, ................................ 2/15
Emily Stick Gill, full-blood Chickasaw
No. 879, ................................ 2/15
5. Mattie Stick died intestate on or about January 25, 1908, without having disposed of her interest, leaving no husband or issue surviving, but leaving her father, Billie Stick, who admittedly inherited her entire interest in said land.
6. That said Billie Stick died intestate in or about February 1918, without having remarried, leaving surviving only his three children, Eddie Stick, Emily Stick and Katie Stick Scribner, who admittedly inherited an undivided one-third interest each in his estate, or an undivided 7/45 interest each in the land above-described, so that each of them then owned an undivided 13/45 interest in said land.
7. The said Josephine Kuctchubby died testate on or about October 21, 1923, and her interest was distributed equally under the terms of her will to her three children, Johnson Perry, full-blood Chickasaw, No. NB-407, Clarence Perry, unenrolled full-blood Chickasaw, and Nellie Perry, unenrolled full-blood Chickasaw, each of whom thereby became seized and possessed of an undivided 2/45 interest in said land.
8. The said Katie Stick Scribner died intestate on or about November 6, 1936, leaving no husband, but leaving as her only heirs her three ½ blood children, Theo Scribner, Alma Scribner Henry, and Lois Scribner Maxwell, each of whom inherited an undivided 1/3 interest in her estate, or an undivided 13/135 interest each in the land above described.
9. On January 1, 1932, the land herein involved admittedly was owned by the following named heirs in the proportions set out opposite their respective names:
Eddie Stick ........................ 39/135
Emily Stick ........................ 39/135
Katie Stick Scribner ............... 39/135
Johnson Perry ...................... 6/135
Clarence Perry ..................... 6/135
Nellie Perry now Grimes ............ 6/135
None of said heirs disposed of their interests and restrictions were not removed.
10. None of the land above described was certified as tax-exempt. For Emily Stick and Johnson Perry there was certified for each 160 acres of other lands as tax-exempt. An undivided ¼ interest each in 213.45 acres of land allotted to Josephine Kuctchubby was certified for Clarence Perry and Nellie Perry, and an undivided 1/5 interest each in 175.82 acres of land allotted to Jeff Perry was certified as tax-exempt for them. No lands were certified as tax-exempt for Katie Stick Scribner or Eddie Stick.
11. Ad valorem tax assessments were made against the land here involved for the year 1932 and subsequent years, the assessments being against the land as a unit. When the tax records showed the taxes to be delinquent a sale was had at the November sale following the taxable year, and the land was struck off by the county. Upon failure to redeem a resale was had at the time provided by the Oklahoma Statutes, and plaintiff became the purchaser thereat. No question is raised as to the regularity of the forms of procedure, notice or deed. A resale deed in regular form was executed and delivered to plaintiff on May 29, 1940, and was duly recorded in the office of the County Clerk of Atoka County, Oklahoma, on November 7, 1940. Plaintiff went immediately into possession of said land and has been in the adverse possession of the same since the execution of said deed, and has thereafter paid the annual taxes assessed against said lands by Atoka County, Oklahoma.
12. The reasonable rental value of said land for each of the years plaintiff has been in possession is $5.
1. This cause was properly removed from the State Court, pursuant to the Act of Congress of April 12, 1926, Section 2, 44 Stat. 240, as amended, and this Court has jurisdiction.
2. The tax deed involved herein was valid on its face and it was incumbent on the defendant to offer proof showing its invalidity. Todd v. Hargrove, 198 Okl. 140, 176 P.2d 805.
3. A portion of the land covered by the tax deed in question was at the time of the assessment of the taxes and at the time of the sale tax-exempt, under the law as announced by this Court in Zweigel v. Webster, D.C., 32 F.Supp. 1015, and under the law of Oklahoma the tax sale was invalid and void. Citing Squires v. Swanson, 169 Okl. 390, 37 P.2d 276.
4. Plaintiff now contends that he should prevail by reason of the statutes of limitations of the State of Oklahoma, and also by reason of the Act of Congress of August...
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...1950, action was commenced within one year after April 18, 1949, and was not barred by statute of limitations.' See, also, Bridges v. Strick, D.C., 106 F.Supp. 506. In Theiman v. May, Adm'r, 203 Okl. 655, 225 P.2d 356, we held that neither 12 O.S.1941 § 93, subdivision 3 (prior to 1949 amen......
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