Silmon v. Rahhal, Case Number: 25260

• Court: Supreme Court of Oklahoma
• Citation: 178 Okla. 244,62 P.2d 501,1936 OK 564
• Docket Number: Case Number: 25260
• Parties: SILMON v. RAHHAL
• Decision Date: 29 September 1936

1936 OK 564
62 P.2d 501
178 Okla. 244

SILMON
v.
RAHHAL

Case Number: 25260

Supreme Court of Oklahoma

Decided: September 29, 1936

Syllabus

¶0 1. INDIANS - Validity of Approval by County Court of Deed to Allotted Land by Full-Blood Indian Heir - Force of Order of Approval as Judgment.

Under the provisions of section 9 of the Act of Congress of May 27, 1908, as amended by Act of Congress of April 12, 1926, 44 Stat. at L. 239, no conveyance of any full-blood Indian of the Five Civilized Tribes of any interest received by inheritance or devise in the allotment of a deceased full-blood Indian allottee shall be valid unless approved by the county court of the county in which the said allottee resided at the time of his death; and the order of the court approving such conveyance has the force and effect of a judgment of a court of general jurisdiction.

2. SAME - Lack of Jurisdiction and Invalidity of Order of Approval Shown by Agreed Statement of Facts.

Where the order of a county court approving a full-blood Indian conveyance of land is attacked in a judicial proceeding, and by an agreed statement of facts filed in the cause it is shown that such county court was without jurisdiction to issue such order, said agreed statement of facts is a judicial admission and is binding upon the parties and upon the court, and the order should be declared invalid.

Appeal from District Court, Jefferson County; Eugene Rice, Judge.
Action by Ed. M. Rahhai against Jefferson Silmon and others to quiet title. Judgment for plaintiff, and defendants appeal. Affirmed in part and reversed in part.

Arnote & Arnote, for plaintiffs in error.

Wilkinson & Hudson, for defendant in error.

GIBSON, J.

¶1 This case involves the legality of an order of the county court approving full-blood Indian conveyance of inherited lands, which deed was one subject to county court approval under section 9 of the Act of Congress of May 27, 1908, as amended by the Act of April 12, 1926, sec. 1, 44 Stat. at Large 239. The section as amended is in part as follows:

"* * * Provided, that hereafter no conveyance by any full-blood Indian of the Five Civilized Tribes of any interest in lands restricted by section 1 of this act acquired by inheritance or devise from an allottee of such lands shall be valid unless approved by the county court having jurisdiction of the settlement of the estate of the deceased allottee or testator: * * * And provided, further, that all orders of the county court approving such conveyances of such land shall be in open court and shall be conclusive as to the jurisdiction of such court to approve such deed. * * *"

¶2 The case was submitted to the district court on an agreed statement of facts wherein it is shown that a full-blood Choctaw resident of Pittsburg county died in 1929 possessed of his allotment, and leaving as his sole heir his father, also a full-blood Choctaw. The father sold a portion of the allotment and the deed was approved by the county court of Pittsburg county. He later sold the remaining portion and the deed was approved by the county court of Pottawatomie county.

¶3 The latter deed is now attacked as void for lack of jurisdiction of the county court of Pottawatomie county to approve the same. The grantee therein, or his assigns, relies upon the proviso in the foregoing section of the act which is as follows:

"And provided further; That all orders of the county court approving such conveyances of such land shall be in open court and shall be conclusive as to the jurisdiction of such court to approve such deed."

¶4 It is the grantee's contention that under this proviso when a deed is approved by a county court, although that court is not the one having jurisdiction of the settlement of the deceased allottee's estate, the order approving can under no circumstances be attacked for want of jurisdiction.

¶5 If we are to sustain the grantee's contention, it becomes apparent that the first proviso will be rendered meaningless. Such construction should be avoided if possible and that interpretation be accorded the act which will allow the whole to stand, unless the provisions be found in hopeless conflict. Finerty v. First National Bank, 92 Okla. 102, 218 P. 859. In the face of seeming conflict the courts will, where possible, harmonize the provisions of an act by placing upon the words therein employed that meaning tending more to harmony and to the expression of the real intent of the lawmaking body. Sackett v. Rose, 55...