Legal Opinion
Kirby v. Parker
District Court, E.D. Oklahoma
Decided November 28, 1944No. Civil Action No. 1162PublishedCited by 3 opinions
1Opinion of the Court
RICE, District Judge.
Out of the peculiar facts of this case arise certain legal questions the answers to which are important in fixing stability of titles to inherited Indian lands. Stability of titles to Indian lands is no less important to the Indian than to the white man who seeks to purchase. Instability of titles is harmful to members of the Five Civilized Tribes. It is a known fact that they will sell their lands, but if the title is in doubt the purchaser will not pay their value — yet the Indian will sell. Some few recover their lands- — -many do not.
The lands involved were a portion…
2Cases cited8 opinions
- Kimberlin v. Commission to Five Civilized TribesCourt of Appeals for the Eighth Circuit · 1900
- Phillips v. ByrdSupreme Court of Oklahoma · 1914
- Malone v. AlderdiceCourt of Appeals for the Eighth Circuit · 1914
- Bell v. CookU.S. Circuit Court for the District of Eastern Oklahoma · 1911
- Glenn v. LewisCourt of Appeals for the Tenth Circuit · 1939
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3Cited by3 opinions
- Murphy v. WalkupSupreme Court of Oklahoma · 1953
- Brown v. StufflebeanCourt of Appeals for the Tenth Circuit · 1951
- Chahta v. Bureau of Indian AffairsDistrict Court, S.D. Illinois · 2022