Franklin v. Lynch, 233 U.S. 269 (1914)

Franklin v. Lynch

No. 553

Submitted February 25, 1914
Decided April 6, 1914
233 U.S. 269

ERROR TO THE SUPREME COURT

OF THE STATE OF OKLAHOMA

Syllabus

The Act of April 21, 1904, c. 1402, 33 Stat. 189, 204, removing restrictions on alienation of lands of non-Indian allottees of the Five Civilized Tribes, did not authorize members of the tribes to sell future acquired property.

Under Rev.Stat., § 2116, no conveyance of an Indian tribe shall be valid except as authorized by treaty, and individual members cannot sell future allotments, as, prior to allotment, there is no individual interest in tribal lands or vendible interest in any particular tract. Gritts v. Fisher, 224 U.S. 640.

While the Act of April 21, 1904, removed some restrictions, it did not permit either members of the tribes or non-Indians to sell mere float or expectancy.

One who has applied for and been admitted to membership in an Indian tribe by intermarriage cannot thereafter claim the rights of an Indian as to receiving allotment and the rights of a white non-Indian as to alienation, and all parties dealing with such a person do so with knowledge of the restrictions on alienation imposed by the Act of 1902.

As § 642 of Mansfield’s Digest, providing that title to subsequently acquired property conveyed shall inure to the benefit of the grantee, was only extended to Indian Territory so far as applicable and not inconsistent with any law of Congress, it has no effect on titles to allotments which, under the Act of 1902, cannot be affected by conveyance before patent.

37 Okl. 60 affirmed.

The facts, which involve the effect of the deed of an intermarried Choctaw to an allotment to be subsequently acquired, and the construction of acts of Congress affecting the right of allottees to convey, are stated in the opinion.