Pitts v. Drummond

This is an action on note and to foreclose mortgage executed by a full-blood Osage Indian on his inherited tribal lands. Judgment was for plaintiff, and the defendant mortgagor appeals.

Defendant takes no exception to the judgment so far as the indebtedness is concerned, but alleges that by reason of certain acts of Congress relating to the property and affairs of the Osages the mortgaged premises were restricted lands and not subject to alienation without the approval of the Secretary of the Interior. Section 7, Act of April 18, 1912 (37 Stat. 86); sec. 3, Act of February 27, 1925 (43 Stat.…