United States v. Board of Com'rs, 5047.
Decision Date | 10 February 1934 |
Docket Number | No. 5047.,5047. |
Parties | UNITED STATES v. BOARD OF COM'RS OF COMANCHE COUNTY, OKL. |
Court | U.S. District Court — Western District of Oklahoma |
Wm. Earl Wiles, Asst. U. S. Atty., of Oklahoma City, Okl.
Dwight Malcolm, Co. Atty., of Lawton, Okl., for defendant.
This is an action by the plaintiff on behalf of its Indian ward, Neda Birdsong, née Parker, against Comanche county, Okl., to recover $986.23 taxes paid on account of taxing her allotment during the period of 1918 to 1925, inclusive, together with interest on said taxes so paid.
The following facts are stipulated:
That Neda Birdsong is the daughter of Quanah Parker, and is an adult member of the Comanche Tribe of Indians in Oklahoma, allottee No. 2249. That, under the Act of Congress approved June 6, 1900 (31 Stat. 672), the said Neda Birdsong was allotted the northeast quarter of section three, township 2 north, range 14 west of the Indian Meridian, in Oklahoma. On the 25th day of August, 1901, the United States of America issued to said allottee, Ne-dale or Laura Parker, now known as Neda Birdsong, a trust patent for said lands containing the restriction clause, said restriction running for twenty-five years. The trust period contained in said trust patent was extended by Executive Order to August 25, 1936. That on or about the 24th day of August, 1917, during said trust period, without any application on behalf of or consent by said allottee, the Secretary of the Interior issued and delivered to said allottee a fee-simple patent to said lands, which was recorded in Book 147, p. 443, of the land records of Comanche county. The county assessor of said county, for the years 1918 to 1925, inclusive, assessed said lands for taxation purposes, and there was levied and collected on said lands during said term of years $986.23. That on June 2, 1927, said fee-simple patent was canceled and since that date said lands have been removed from the tax rolls of said county. In addition to the stipulation, evidence discloses that the allottee protested vigorously the issuance of the fee-simple patent and that the patent was issued over her protest and without her application and delivery was made to her over her protest, and, at the time of the delivery, that the allottee was advised that, if this fee-simple patent were not placed of record, the allottee would be in grave danger of losing her allotment. These facts were testified to by the allottee as well as by the Superintendent of the Kiowa Indian Agency, who handled the matter.
The Superintendent testified:
After receipt of the telegram, the delivery is described by the Superintendent as follows:
The allottee testified as follows:
With reference to the payment of the taxes the allottee testified:
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