CHILDERS v. SAMUELS

CHILDERS v. SAMUELS
1924 OK 978
232 P. 103
107 Okla. 169
Case Number: 13600
Decided: 10/28/1924
Supreme Court of Oklahoma

CHILDERS
v.
SAMUELS et al.

Syllabus

¶0 1. Indians--Descent of Creek Allotment--Statute Governing.
Where a Creek freedman died October 25, 1901, after having selected a part of her allotment, the statute of descent of the Creek Nation governs the descent thereof, under the provisions of section 7 of the Original Creek Agreement.
2. Same.
Where a Creek freedman died prior to the issuance allotment certificate, on a part of her allotment such certificate being issued December 23, 1901, the statute of descent of the Creek Nation governs the descent thereof under the provisions of section 28 of the Original Creek Agreement.
3. Same.
Where such freedman died leaving a noncitizen husband and one citizen child only, each inherited an undivided one-half interest therein.
4. Same--Partition--Jurisdiction.
In August, 1913, the district courts of this state had jurisdiction to partition the inherited lands of a Creek freedman where one-half was owned by a grantee of the noncitizen husband and one-half by the minor freedman daughter.

Geo. C. Crump and W. C. Hall, for plaintiff in error.
A. L. Emery, for defendants in error.

Edgar A. de Meules, J. C. Denton, J. H. Crocker, and R. H. Wills, amici curiae.

WARREN, J.