Kelly v. Harper
Court Of Appeals Of Indian Territory
Error to the United States Court for the Southern District of-the Indian Territory; before Justice J. T. Dickerson, May 15,. 1905. Action by W. P. Harper against E. J. Kelly and another. From a judgment for plaintiffs, defendant brings error.
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Error to the United States Court for the Southern District of-the Indian Territory; before Justice J. T. Dickerson, May 15,. 1905. Action by W. P. Harper against E. J. Kelly and another. From a judgment for plaintiffs, defendant brings error. This is an action by defendant in error against the-plaintiffs in error upon the following contract: “This contract made- and entered into by and between W. P. Harper, of the first- part, and Kelly Bros., of the second part, witnesseth: That said party of the second part has this day bought of said ■party of the first part the following described lands,…
1Opinion of the CourtClayton, J.
(after stating, the facts as above). The demurrer to the complaint should bave been sustained. The complaint and the contract sued on show that the land, which is in the Chickasaw Nation, had not yet been allotted at the time the contract was made. Act Cong. June 28, 1898, c. 517, § 29, 30 Stat. 507, provides: “That all contracts looking to the sale or incumbrance of any of the land of an allottee, except the sale heretofore provided, shall be null and void.” Act July 1, 1902, c. 1362, 32 Stat. 642, provides as follows: “Lands allotted to members and freedmen shall not be affected or…
2Cases cited2 opinions
- Rogers v. HillCourt Of Appeals Of Indian Territory · 1901
- Casteel v. McNeelyCourt Of Appeals Of Indian Territory · 1901
3Cited by3 opinions
- Harper v. KellySupreme Court of Oklahoma · 1911
- Rogers v. NoelSupreme Court of Oklahoma · 1912
- Pruitt v. CarterSupreme Court of Oklahoma · 1915