Choctaw & the Chickasaw Nations v. Board of County Commissioners of Love County

DAUGHERTY, District Judge.

Plaintiffs, the Choctaw and the Chickasaw Nations, bring this action to quiet title as against the Board of County Commissioners of Love County, Oklahoma, insofar as mineral rights are concerned in a seven-acre tract of land.

It is stipulated that the Board acquired the tract by deed of patent issued by the Choctaw and the Chickasaw Nations on April 24,1915, by an instrument entitled “Cemetery Patent 23” and reciting that it had been made pursuant to the Act of Congress of June 30, 1913 (38 Stat. 77-96). It is also stipulated that on March 30, 1957, the Board, as…