Mullen v. United States, 224 U.S. 448 (1912)

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Mullen v. United States

No. 404

Argued October 12, 13, 1911
Decided April 15, 1912
224 U.S. 448

APPEAL FROM THE CIRCUIT COURT OF APPEALS

FOR THE EIGHTH CIRCUIT

Syllabus

The relation of the United States and the Choctaw Indians by treaties and statute in regard to the allotment of land and the restriction of alienation reviewed, and held that, where a person whose name appeared upon the roll of the Choctaw Indians died after the ratification of the agreement of distribution and before receiving the allotment, there was no provision for restriction, but the land passed at once to his heirs; in such case, the United States cannot maintain an action to set aside conveyances made by the heir within the period of restriction applicable to homestead allotment made to members of the tribe during life.

179 F. 13 reversed as to this point.

The facts, which involve the validity of certain conveyances of allotted land made by Choctaw Indians and also the right of the United States to have such conveyances set aside, are stated in the opinion.