Fall v. United States ex rel. Lynn

VAN ORSDEL, Associate Justice.

Appellee, W. G. Eynn, as guardian of Rose Easley, an incompetent Osage Indian allottee, filed his'petition in the Supreme Court of the District of Columbia, praying a writ of mandamus to compel respondent, the Secretary of the Interior, to pay to him certain moneys belonging to his ward. To the answer of respondent, relator demurred. The demurrer was sustained, and, respondent refusing to further plead, a judgment was entered, from which this appeal was prosecuted.

The Osage Allotment Act of June 28, 1906 (34 Stat. 539), provided that money derived from the sale…