Laughlin v. Williams

• Decision Date: 04 November 1919
• Docket Number: 8704.
• Citation: Laughlin v. Williams, 185 P. 104, 76 Okla. 246, 1919 OK 321 (Okla. 1919)
• Parties: LAUGHLIN v. WILLIAMS et al.
• Court: Oklahoma Supreme Court

185 P. 104

76 Okla. 246, 1919 OK 321

LAUGHLIN v. WILLIAMS et al.

No. 8704.

Supreme Court of Oklahoma

November 4, 1919

Syllabus by the Court.

The right to fix the residence of an incompetent person under guardianship in this state is regulated by section 3334, Rev Laws of 1910, under which the guardian of the person of such incompetent may fix the residence of his ward at any place within the state.

Additional Syllabus by Editorial Staff.

Where an enrolled Creek Indian of the full blood was adjudged an incompetent by county court of Okfuskee county, which appointed a guardian of his person and estate, his attempted change of residence to Seminole county, without guardian's knowledge or consent, did not change his residence, and at his death in Seminole countyhe was a resident of Okfuskee county, and in view of Act Cong.May 27 1908, c. 199, § 9, the county court thereof was the only one authorized to approve a deed from his heirs.

Error from District Court, Creek County; Ernest B. Hughes, Judge.

Action by I. T. Laughlin against Luther S. Williams and others.Judgment for defendants, and plaintiff brings error.Affirmed.

Shartel Dudley & Shartel, of Oklahoma City, for plaintiff in error.

J. C. Wright, of Okemah, for defendants in error.

RAINEY J.

This case involves the title to the allotment of Parnoska Watson, a duly enrolled Creek Indian of the full blood, who died intestate in Seminole county on March 18, 1911.On April 3d thereafter his heirs executed to one T. F. Boller a deed to his allotment of land, which deed was approved by the county court of Seminole county.On January 4, 1913, certain of Watson's heirs executed a deed to Luther S. Williams, which said deed was duly approved by the county court of Okfuskee county.Thereafter W. T. Laughlin, who traces his title through the deed approved by the county court of Seminole county, instituted this suit against the defendants, who claim through the deed approved by the county court of Okfuskee county.Judgment was for the defendants, from which the plaintiff has appealed to this court.

The facts in the case, briefly, are that the deceased, Parnoska Watson, was, on February 11, 1909, a resident of Okfuskee county, Okl., on which day the county court of said county adjudged him an incompetent and appointed V. W. Miracle guardian of his person and estate.The guardian duly qualified.After this Watson's habits seem to have been nomadic, and he stayed at various places, the greater part of the time in Okfuskee county, but he made occasional visits to Seminole county.He died in Seminole county at the house of Lizzie Yarhola.This woman testified that she and Watson were engaged to be married, and that on one Wednesday night they went to the church house together and announced their intention, after which Watson went to her home to stay, and died within three or four days thereafter.She said they intended to be married, but had not set the date.The evidence further shows that Watson did not have any trunk or suit case in her house or in Seminole county.There is no other evidence tending to show that he intended to make Seminole county his permanent residence.

The trial court found that V. W. Miracle was the duly appointed, qualified, and acting guardian of the said Parnoska Watson at the time of his death, and that said guardian had established and maintained the residence of the deceased in Okfuskee county up to the time of his death, and that he took sick and died while on a visit to Seminole county.

For reversal of the judgment it is asserted that an incompetent full-blood Indian, residing in one county in this state under guardianship therein, may change his residence to another county in the state, and the county court of such county, upon his death, has jurisdiction to administer upon his estate.In support of this contention it is urged that this case comes...