Durant weekly news. (Durant, Choctaw Nation, Indian Territory [Okla.]) 190?-1944, 1913-07-18
IMPORTANT LAND
SALES RULING
SALE BY HEIRS OF LAND OF DEAD
INDIAN WHOSE RESTRICTIONS
WE'RE NOT REMOVED,
HELD VALID

Washington, d. c., July 17-(Special
to Durant Weekly News.) The Sec
retary of { Interior has just render
ed a decision in the case of the gram
tee OF the heirs Of Betsy Hancock. de-
crastd, a full blood Choctaw Indian,
which is of great Importance to resi-
dents OF Eastern Oklahoma in view OF
the fact that there are pending in the
United States District Court, Eastern
iistrl1t OF Oklahoma, .boGt twcn y
ei sht thousand cases involving titles
to Indian lands wherein the questions
presented are somewhat similar to
these passed upon in the case decided.
In the spring of 1908 the Department
of the Interior caused to be brought
by the Department Of Justice suit In
the United States District Court,
Eastern District of Oklahoma, to set
aside nearly 10000 defective titles to
lands heretofore allotted to members
of the Five Civilized Tribes in Okla
homa. Judge Campbell, District Judge
before whom the case was heard. sus-
tanned q demurrer to the bill and di-
rected that the suit he dismissed. The
case was appealed to the United States
Circuit Court of Appeals and Judge
Campbell's decision was reversed. 10.
p. Hickman and Senator Robert L.
Owen. two of the defendants in the
trial court, selected certain convey
ances and appealed to case as to these
conveyances to the United States Su-
preme Court and that Court in p. E.
Hickman and Robert l.. Owen VS.. The
United States Circuit Court of Appeals
and held that the titles presented for
determination were void as they were
made by Indians who had no power to
ALLEVIATE their lands the sale, aliena-
ton or membranes of which was
prohibited by law.
Among the titles involved in the suit
as originally brought, but which was
not included in the cases appealed to
the higher courts, was that to 800
acres OF land selected by Betsy Han
cock October 3, 1908. Betsy Hancock
was full-blood Choctaw Indian. She
died November /, 1908, and prior to
the Issuance of the allotment certifi-
categQOn September 8, 1904, her heirs
sold the land to r.. E. Farris of Parks,
Oklahoma, for consideration of
$1050. Y AT that time the title conveyed
by the heirs was supposed to be good.
IL was not until this conveyance was
included in the suit filed in 1908 that
either the seller or the purchaser had
any idea that the title was defective.
In 1911 the government officers advis-
ed Farris that upon the payment of
$500 additional the Secretary of the
Interior would approve his deeds COW
ering the homestead and surplus all
lotments of Betsy Hancock, confirm
his title and dismiss the suit as to him.
Farris in order to clear his titles
made the payment demanded. Just
before the case again reached the De-
partment for final action the Supreme
Court of the United States In April,
1912. handed down several decisions.
among which was the decision in the
case of Hickman and Owen VS.. The
United States and Mullin VS.. The
United States after which the depart
ment declined to accept the settlement
agreed upon of five hundred dollars
and remanded the case to Agent Kel-
sey OF the Union Agency for a further
Investigation of the value of the land.
The Investigation was made and the
agent then found that in addition to
the payment of $1050 made in 1904 and
the further payment made In 1911 of
$500. that Farris should pay the heirs
OF Betsy Hancock a further sum Of
s1535.S0.
At this point Mr.. Farris employed
an attorney of Washington. ID. c., who
took the case up with the department
with the result that in the decision
Just rendered the Secretary holds that
the sale by the heirs of Betsy Han
cock in 1904 of the homestead allot-
ment OF 160 acres of land was a valid
conveyance. AS to the remaining 160
acres of land embraced In the Sur
plus" allotment the Secretary directs
the approval of the deed upon the pay
ment of $15S additional. which is on
ly about ten per cent OF the amount
denaaded by the agent.
The basis of settlement in this case
will probably be followed in other
cases that may come before the Sec
rotary for settlement.