Legal Opinion

Board of Com'rs of Creek Co. v. Bartlett

Supreme Court of Oklahoma

Decided March 9, 1920No. 8016Published

Error from District Court, Creek County; Ernest B. Hughes, Judge. Action by H. U. Bartlett against the board of commissioners of Creek county to test taxability of two tracts of land which were previously two Indian allotments. Judgment for plaintiff as to one tract, and for defendant as to the other, and both parties bring error.

1Opinion of the CourtJohnson, J.

This is an appeal from the district court of Creek county.

The trial was had to the court below without the intervention of a jury and upon a stipulation of the parties as to the facts, and under such stipulation the only question involved is as to the right of the state to tax the homestead of a Creek Indian allottee, after the same has passed out of the hands of the original allottee into the hands of citizens of the United States not citizens of the Creek tribe of Indians, by virtue of bona fide purchase from the original allottees or their legal heirs.

The trial court held that the…

2Cases cited9 opinions

  1. Choate v. TrappSupreme Court of the United States · 1912
  2. United States v. RickertSupreme Court of the United States · 1903
  3. The Kansas IndiansSupreme Court of the United States · 1867
  4. New Jersey v. WilsonSupreme Court of the United States · 1812
  5. Goudy v. MeathSupreme Court of the United States · 1906

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