McDougal v. Black Panther Oil & Gas Co., 5573

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Citation273 F. 113
Decision Date07 May 1921
PartiesMcDOUGAL et al. v. BLACK PANTHER OIL & GAS CO. et al. JACKSON v. SAME. McKINNEY v. SAME.
Docket Number5573,5574,5580.

273 F. 113

McDOUGAL et al.
v.
BLACK PANTHER OIL & GAS CO. et al.
JACKSON
v.
SAME. McKINNEY
v.
SAME.

Nos. 5573, 5574, 5580.

United States Court of Appeals, Eighth Circuit.

May 7, 1921


[273 F. 114]

Eugene B. Smith, of Sapulpa, Okl., and Archibald Bonds, of Muskogee, Okl., for the motion.

Charles B. Stuart, of Oklahoma City, Okl., and Joseph C. Stone, of Muskogee, Okl., for respondent Black Panther Oil & Gas Co.

Before SANBORN and CARLAND, Circuit Judges, and LEWIS, District Judge.

SANBORN, Circuit Judge.

In the year 1914 the United States brought this suit against those who it alleged were claimants as or under the full-blood Indian heirs of Barney Thlocco, a deceased full-blood Creek Indian, to whom or to the heirs of whom the lands in question in this case had been duly allotted, patented, and conveyed with the approval of the Secretary of the Interior prior to 1904, for the purpose of having such allotment, patent, and conveyance avoided. Many claimants as or under these heirs to the title to this land, and to the oil and gas derived from it, became parties to the suit, either as defendants or interveners. The Black Panther Oil & Gas Company had an oil and gas lease under a claimant to this heirship who proved to be successful, and has been operating under that lease and under the direction of the court upon and in this land, and paying the royalties to a receiver and to the court below.

In May, 1915, that court rendered a decree upon the merits against the United States, which was ultimately affirmed by the Supreme Court, and a decree of its dismissal from this suit, based upon the mandate of the Supreme Court, was rendered in the District Court below in February, 1918. By that time the amounts received from the royalties under the control and subject to the disposition of the court below aggregated more than $1,000,000, and that court proceeded to hear and adjudge the claims to this fund and to the land of the defendants and interveners. The hearing of these issues was commenced in December, 1918, and final decrees adjudging the rights of the respective parties were rendered in 1919, and have been brought to this court for review by the appeals of several claimants. [273 F. 115]

Wiley Knight, a party to the suit below, has made a motion in the appeals above entitled that the cause presented by these appeals be remanded to the court below, with instructions to vacate its findings and final decrees and hold the funds in its control until the county court of Okfuskee county, Okl., has made a final decree who the heirs of Barney Thlocco were, or with instructions to dismiss the cause below outright.

Counsel for Mr. Knight found this motion upon the Act of Congress of June 14, 1918, 40 Stat. 606, U.S. Comp. St. Supp. 1919, Secs. 4234a and 4234b, which provide that:

Section 4234a: 'A determination of the question of fact as to who are the heirs of any deceased citizen allottee of the Five Civilized Tribes of Indians who may die or may have heretofore died, leaving restricted heirs, by the probate court of the state of Oklahoma having jurisdiction to settle the estate of said deceased, conducted in the manner provided by the laws of said state for the determination of heirship in closing up the estates of deceased persons, shall be conclusive of said question: Provided, that an appeal may be taken in the manner and to the court provided by law, in cases of appeal in probate matters generally: Provided further, that where the time limited by the laws of said state for the institution of administration proceedings has elapsed without their institution, as well as in cases where there exists no lawful ground for the institution of administration proceedings in said courts, a petition may be filed therein having for its object a determination of such heirship and the case shall proceed in all respects as if administration proceedings upon other proper grounds had been regularly begun, but this proviso shall not be construed to reopen the question of the determination of an heirship already ascertained by competent legal authority under existing laws. * * * '

Section 4234b: 'The lands of full-blood members of any of the Five Civilized Tribes are hereby made subject to the laws of the state of Oklahoma, providing for the partition of real estate. * * * '

The contention of Mr. Knight's counsel is that, as the answer to the question who were the heirs of Thlocco necessarily conditions the rights of each of the claimants in this suit, the court below had no jurisdiction, after the passage of the act which has been recited, to adjudge their claims or rights, or to render the decrees below by which it determined them. In support of this position they have cited, and the court has read and considered, the opinions of the courts in Hallowell v. Commons, 239 U.S. 506, 507, 508, 36 Sup.Ct. 202, 60 L.Ed. 409; Pel-Ata-Yakot v. United States (D.C.) 188 F. 387, 389; Parr v. Colfax, 197 F. 302, 304, 117 C.C.A. 48; McKay v. Kalyton, 204 U.S. 466, 467, 469, 27 Sup.Ct. 346, 51 L.Ed. 566; Ross v. Stewart, 227 U.S. 532, 537, 33...

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16 practice notes
  • Grand River Dam Authority v. Going, No. 211.
    • United States
    • United States District Courts. 10th Circuit. Northern District of Oklahoma
    • September 22, 1939
    ...rule is that the judgment of the State or Federal Court first deciding the case controls. McDougal v. Black Panther Oil & Gas Co., 8 Cir., 273 F. 113; 14 Am.Juris., page Defendant's motion to dismiss is overruled. As evidence was introduced on this 29 F. Supp. 326 hearing petitioner's couns......
  • Homer v. Lester, Case Number: 12882
    • United States
    • Oklahoma Supreme Court
    • June 5, 1923
    ...States. But, as held by the United States Circuit Court of Appeals for the Eighth Circuit in McDougal v. Black Panther Oil & Gas Co., 273 F. 113, the jurisdiction of the probate courts under the act of congress of June 14, 1918, is "concurrent with the federal and state district courts of t......
  • United States v. Anglin & Stevenson, No. 2881.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • October 6, 1944
    ...113, 122; State v. Wilcox, 75 Okl. 158, 182 P. 673; March v. Peter, 179 Okl. 207, 64 P.2d 912; McDougal v. Black Panther Oil & Gas, 8 Cir., 273 F. 113; Roberts v. Anderson, 10 Cir., 66 F.2d 874; Anderson v. Peck, D.C., 53 F.2d 257; Homer v. Lester, 95 Okl. 284, 219 P. The two suits commence......
  • United States v. Thompson, No. 2451.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • May 5, 1942
    ...partition of real estate was by virtue of Act of Congress of June 14, 1918,6 40 Stat. 606; McDougal v. Black Panther Oil & Gas Co., 8 Cir., 273 F. 113; United States v. Watashe et al., 10 Cir., 117 F.2d Intervention by the Government was under provision of Act of Congress of April 12, 1926,......
  • Request a trial to view additional results
16 cases
  • Grand River Dam Authority v. Going, No. 211.
    • United States
    • United States District Courts. 10th Circuit. Northern District of Oklahoma
    • September 22, 1939
    ...rule is that the judgment of the State or Federal Court first deciding the case controls. McDougal v. Black Panther Oil & Gas Co., 8 Cir., 273 F. 113; 14 Am.Juris., page Defendant's motion to dismiss is overruled. As evidence was introduced on this 29 F. Supp. 326 hearing petitioner's couns......
  • Homer v. Lester, Case Number: 12882
    • United States
    • Oklahoma Supreme Court
    • June 5, 1923
    ...States. But, as held by the United States Circuit Court of Appeals for the Eighth Circuit in McDougal v. Black Panther Oil & Gas Co., 273 F. 113, the jurisdiction of the probate courts under the act of congress of June 14, 1918, is "concurrent with the federal and state district courts of t......
  • United States v. Anglin & Stevenson, No. 2881.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • October 6, 1944
    ...113, 122; State v. Wilcox, 75 Okl. 158, 182 P. 673; March v. Peter, 179 Okl. 207, 64 P.2d 912; McDougal v. Black Panther Oil & Gas, 8 Cir., 273 F. 113; Roberts v. Anderson, 10 Cir., 66 F.2d 874; Anderson v. Peck, D.C., 53 F.2d 257; Homer v. Lester, 95 Okl. 284, 219 P. The two suits commence......
  • United States v. Thompson, No. 2451.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • May 5, 1942
    ...partition of real estate was by virtue of Act of Congress of June 14, 1918,6 40 Stat. 606; McDougal v. Black Panther Oil & Gas Co., 8 Cir., 273 F. 113; United States v. Watashe et al., 10 Cir., 117 F.2d Intervention by the Government was under provision of Act of Congress of April 12, 1926,......
  • Request a trial to view additional results

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