United States v. Watashe

• Decision Date: 25 January 1938
• Docket Number: No. 1196.,1196.
• Citation: 21 F. Supp. 903
• Court: U.S. District Court — Northern District of Oklahoma
• Parties: UNITED STATES v. WATASHE et al.

21 F. Supp. 903

UNITED STATES v. WATASHE et al.

No. 1196.

District Court, N. D. Oklahoma.

January 25, 1938.

Chester A. Brewer, Asst. U. S. Atty., of Tulsa, Okl., for complainant.

James J. Mars, of Sapulpa, Okl., for respondents Katie Watashe, now Roubedeaux, and John R. Roubedeaux.

Miller, Lytle & Wildman, of Sapulpa, Okl., for respondent Mrs. Sam Naifeh.

KENNAMER, District Judge.

This is a suit by the United States in its own behalf, and as guardian for Mahaley Watashe and George Watashe, Creek Indians, to cancel a deed and quiet title to certain lands in Creek county, Okl., and for other relief incidental thereto.

The case was tried upon stipulated facts which show that the lands involved were purchased for the respondent Katie Watashe, now Roubedeaux, a full blood Creek Indian, with restricted funds belonging to her in the hands of the Secretary of the Interior, the funds being released by the Secretary for that purpose. There were two purchases thus made with the approval of the Secretary; the sellers in each instance conveying to Katie Watashe by deed containing a provision against alienation by said grantee during her lifetime at any time prior to April 26, 1931, unless with the consent of, and approval by, the Secretary of Interior. On September 15, 1931, Katie Watashe, then Katie Roubedeaux, joined by her husband, John Roubedeaux, conveyed the lands to her children, Mahaley Watashe, and George Watashe (for whom the United States here sues), reserving to herself, however, a life estate therein. This deed was approved by A. G. McMillan, assistant superintendent of the five civilized tribes, with a condition inserted in the deed that the lands were restricted against alienation unless with the approval of the Secretary of Interior or such restrictions should be otherwise removed by operation of law. On August 23, 1933, Mahaley Watashe, then Mahaley Squirrel, conveyed her interest in the lands back to her mother, Katie Roubedeaux. This deed was not approved by the Secretary of Interior. Also, in an action brought by Katie Roubedeaux, the state District Court of Creek county entered a decree canceling the deed made by her on October 15, 1931, as aforesaid, in so far as it concerned the interest conveyed thereby by her to her son George Watashe. No notice of the pendency of this action was served on the superintendent of the five civilized tribes. Both Mahaley Watashe and George Watashe were Creek Indians of more than one-half degree of Indian blood. Having in such manner reinvested herself with record title to said lands, the respondent Katie Watashe, now Roubedeaux, joined by her husband, the respondent John R. Roubedeaux, conveyed the same by warranty deed to the respondent Mrs. Sam Naifeh.

It is the contention of complainant that at the time of the conveyance to Mrs. Naifeh the lands were restricted against alienation, and the conveyance so made consequently void. Complainant so contends upon the ground that under the Act of Congress of May 10, 1928, 45 Stat. 495, the Secretary of Interior had the power to impose restrictions on this land after April 26, 1931, for an additional period of twenty-five years after...