Talley v. Burgess, 246 U.S. 104 (1918)

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Talley v. Burgess


No. 157


Argued January 25, 1918
Decided March 4, 1918
246 U.S. 104

ERROR TO THE SUPREME COURT
OF THE STATE OF OKLAHOMA

Syllabus

The Cherokee Agreement of July 1, 1902, c. 1375, 32 Stat. 716, imposed no restriction, other than that of minority, upon the alienation by the heir of his interest in land allotted under § 20 in the name of an ancestor who died before receiving an allotment.

The Act of April 26, 1906, c. 1876, 34 Stat. 137, § 22, applied to allotments made before its date under § 20 of the Cherokee Agreement (Brader v. James, ante,88), and required that a guardian’s contract, made on May 11, 1906, to convey the minor’s interest in such an allotment, be approved by the United States Court for the Indian Territory, as a condition to the validity of the contract.

46 Okl. 550 affirmed.

The case is stated in the opinion.