Scott v. Jacobs

• Court: Oklahoma Supreme Court
• Writing for the Court: TURNER, J.
• Citation: Scott v. Jacobs, 40 Okla. 522, 140 P. 148, 1914 OK 156 (Okla. 1914)
• Decision Date: 24 March 1914
• Docket Number: 3361. [d1]
• Parties: SCOTT v. JACOBS ET AL.

140 P. 148

40 Okla. 522, 1914 OK 156

SCOTT v. JACOBS ET AL.

No. 3361. ^[d1]

Supreme Court of Oklahoma

March 24, 1914

Syllabus by the Court.

Where on August 16, 1899, a duly enrolled citizen of the Creek Nation died at the age of two years, before receiving her allotment, leaving her surviving a father and a sister, born not of the father but of the same mother, all citizens of the Creek Nation, held, the Creek law of descent and distribution governed the devolution of the allotment, as directed by section 28 of the Original Agreement, ratified May 25, 1901, and that the father as the "nearest relation" inherited the land in fee to the exclusion of the half-sister.

Error from District Court, Hughes County; John Caruthers, Judge.

Action by Agnes Scott, by her guardian, against John A. Jacobs and others. Judgment for defendants, and plaintiff brings error. Affirmed.

Lewis C. Lawson, of Holdenville, for plaintiff in error.

Mann Rogers & Harris, of Holdenville, for defendants in error.

TURNER J.

On September 27, 1909, in the district court of Hughes county Agnes Scott, by her guardian, sued John A. Jacobs, Barney Tiger, Samuel G. Start, and Mary E. Start to clear her title to 160 acres of land known as the allotment of Leona Tiger, alleging herself to be the sole heir of said Leona, who was deceased. Pending the litigation in the trial court, Agnes Scott died, and the cause was revived in the name of her executor. Later Samuel G. Start died, and the cause was there revived against Mary E. Start, his administratrix. There was trial to the court upon agreed statement of facts, and judgment for defendants, and plaintiff brings the case here.

The facts are that Leona Tiger, a duly enrolled citizen of the Creek Nation, on August 16, 1899, died at the age of two years, and before receiving her allotment, leaving her surviving her father, Barney Tiger, and the plaintiff, Agnes Scott, a half-sister or the child of her deceased mother Fannie Scott, by a former husband all duly enrolled citizens of the Creek Nation; that on November 18, 1901, certificate of allotment issued to Leona, and on July 25, 1904, a patent to her heirs; that on September 29, 1906, conceiving himself to be her sole heir under the Creek laws of descent and distribution, which it is agreed governs the devolution of this allotment, her father sold and by warranty deed conveyed the land to defendant John A. Jacobs, who, later, in the same manner, conveyed it to defendants Samuel G. and Mary E. Start. It is assigned that the court erred when he applied the law to the facts stated and held that Barney Tiger was the sole heir of the allottee, and, as such, his grantees were entitled to the land. Not so, as Leona Tiger was enrolled and died before receiving her allotment, she died seised of no...