Mullen v. Pickens, 250 U.S. 590 (1919)

Mullen v. Pickens


Nos. 25

, 26


Submitted October 13, 1919
Decided November 10, 1919
250 U.S. 590

ERROR TO THE SUPREME COURT
OF THE STATE OF OKLAHOMA

Syllabus

Under the Choctaw and Chickasaw Supplemental Agreement (Act of July 1, 1902, c. 1362, 32 Stat. 641), the heir of a deceased Indian acquire no vendible interest, before selection, in land that may be allotted in his name for their benefit under § 22, and their warranty deed cannot operate, by estoppel or otherwise, to convey land selected and allotted after it was made. P. 592. Franklin v. Lynch, 233 U.S. 269, followed. Mullen v. United States, 224 U.S. 448; Doe v. Wilson, 23 How. 457; Jones v. Meehan, 175 U.S. 1, distinguished.

So held where the lands claimed were selected and allotted in lieu of other lands, described in the deeds, which had been selected before the deeds were made but were afterwards allotted to other selector.

56 Okla. 65; 57 id. 186, affirmed.

The cases are stated in the opinion.