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Kenny v. Miles, 250 U.S. 58 (1919)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Kenny v. Miles, 250 U.S. 58 (1919)
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Kenny v. Miles No. 179 Argued January 24, 1919 Decided May 19, 1919 250 U.S. 58
CERTIORARI TO THE SUPREME COURT
OF THE STATE OF OKLAHOMA
Syllabus
Subject to the provisions as to certificates of competency, lands allotted as homestead and surplus respectively, under the Act of June 28, 1906, c. 3572, 34 Stat. 539, in the right of a deceased Indian member of the Osage tribe, duly enrolled, and descending to Indian heirs, likewise members duly enrolled, are subject to the same restrictions on alienation as are imposed upon lands allotted to living members. P. 63. Levindale Lead Co. v. Coleman, 241 U.S. 432; Mullen v. United States, 224 U.S. 448, and Skelton v. Dill, 235 U.S. 206, distinguished.
Section B of the Act of April 18, 1912, c. 83, 37 Stat. 86, provides that
the lands of deceased Osage allottees, unless the heirs agree to partition the same, may be partitioned or sold upon proper order of any court of competent jurisdiction in accordance with the laws of the State of Oklahoma: Provided, That no partition or sale of the restricted lands of a deceased Osage allottee shall be valid until approved by the Secretary of the Interior.
Held: (1) that the term "restricted lands" refers to the restrictions on alienation imposed by Congress to protect the Indians from their own incompetency (p. 61), and (2) that, in the absence of approval by the Secretary, a judgment for partition or sale, in a suit brought under this section in the state court respecting such lands, is inoperative, so that a finding of heirship, forming a part of it, is not conclusive in other proceedings. P. 65.
162 P. 775, reversed.
The case is stated in the opinion.
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Chicago: U.S. Supreme Court, "Syllabus," Kenny v. Miles, 250 U.S. 58 (1919) in 250 U.S. 58 250 U.S. 59. Original Sources, accessed November 24, 2024, http://originalsources.com/Document.aspx?DocID=DPF848T79C4R4IW.
MLA: U.S. Supreme Court. "Syllabus." Kenny v. Miles, 250 U.S. 58 (1919), in 250 U.S. 58, page 250 U.S. 59. Original Sources. 24 Nov. 2024. http://originalsources.com/Document.aspx?DocID=DPF848T79C4R4IW.
Harvard: U.S. Supreme Court, 'Syllabus' in Kenny v. Miles, 250 U.S. 58 (1919). cited in 1919, 250 U.S. 58, pp.250 U.S. 59. Original Sources, retrieved 24 November 2024, from http://originalsources.com/Document.aspx?DocID=DPF848T79C4R4IW.
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