Bradburn v. Nolen

1 Citing case

  1. Bradburn v. Shell Oil Co.

    173 F.2d 815 (10th Cir. 1949)   Cited 1 times

    The Act of April 12, 1926, 44 Stat. 239, amended Section 9 of the Act of May 27, 1908, 35 Stat. 315, to read in part as follows: "The death of any allottee of the Five Civilized Tribes shall operate to remove all restrictions upon the alienation of said allottee's land: Provided That hereafter no conveyance by any full-blood Indian of the Five Civilized Tribes of any interest in lands restricted by section 1 of this Act acquired by inheritance or devise from an allottee of such lands shall be valid unless approved by the county court having jurisdiction of the settlement of the estate of the deceased allottee or testator: * * *." The interesting background of this litigation is found in Bradburn v. McIntosh, 10 Cir., 159 F.2d 925; Bradburn v. Nolen, 10 Cir., 159 F.2d 933; Bradburn v. McIntosh, 10 Cir., 159 F.2d 935; Bradburn v. First Christian Church, 10 Cir., 160 F.2d 341. The related and pertinent facts are well stated in Chisholm v. House, supra. For the purpose of this case, it is sufficient to state: Upon the death of Linda Yarhola, a full-blood Creek Indian, on October 11, 1916, her allotment descended by devise, one-fifth undivided interest to her husband Cussehta Yarhola, and an undivided two-fifths interest to each of her daughters, Lessey Hawkins and Nancy Yarhola (Severs), appellant here. The lands were subject to an admittedly valid and producing oil and gas lease in favor of the Shell Oil Company, appellee here.