McGeisey v. Board of Com'rs. of Seminole County

Supreme Court of Oklahoma

McGeisey v. Board of Com'rs. of Seminole County

1914 OK 584, 144 P. 614, 45 Okla. 10, 1914 Okla. LEXIS 228

CourtSupreme Court of Oklahoma

DecidedNovember 24, 1914

Docket5554

StatusPublished

Cited by5 cases

This text of 1914 OK 584 (McGeisey v. Board of Com'rs. of Seminole County) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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McGeisey v. Board of Com'rs. of Seminole County, 1914 OK 584, 144 P. 614, 45 Okla. 10, 1914 Okla. LEXIS 228 (Okla. 1914).

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Opinion

LOOFBOURROW, J.

Cooper Coker was a half-blood Seminole Indian, enrolled December 31, 1899. He died December 19, 1900, before receiving his allotment. The land which he would have received had he lived passed to his mother, Mollosey Mc-Geisey, an adult full-blood Seminole, as provided by section 2 of the act of Congress approved June 2, 1900 (chapter 610, 31 Stat. 250). See Bruner v. Sanders, 26 Okla. 673, 110 Pac. 730. The said lands are still the property of Mollosey McGeisey and were listed for taxation in Seminole county for the year 1912. Plaintiff in error commenced an injunction proceeding in the district court' of Seminole county to enjoin the collection of said taxes. The petition alleged all the essential facts, and a demurrer thereto by the defendants was, by the trial court, sustained, and said petition dismissed. From this judgment plaintiff appeals.

*11 Every proposition involved in this ease has been recently decided by this court in the cast of Marcy v. Board of County Commissioners of Seminole County et al., ante, 144 Pac. 611. On the authority of that ease, the judgment of the trial court is reversed and the case remanded. See, also, Tiger v. Western Inv. Co., 221 U. S. 286, 31 Sup. Ct. 578, 55 L. Ed. 738.

All the Justices concur, except KANE, C. J., not participating.

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LOOFBOURROW, J.

Cooper Coker was a half-blood Seminole Indian, enrolled December 31, 1899. He died December 19, 1900, before receiving his allotment. The land which he would have received had he lived passed to his mother, Mollosey Mc-Geisey, an adult full-blood Seminole, as provided by section 2 of the act of Congress approved June 2, 1900 (chapter 610, 31 Stat. 250). See Bruner v. Sanders, 26 Okla. 673, 110 Pac. 730. The said lands are still the property of Mollosey McGeisey and were listed for taxation in Seminole county for the year 1912. Plaintiff in error commenced an injunction proceeding in the district court' of Seminole county to enjoin the collection of said taxes. The petition alleged all the essential facts, and a demurrer thereto by the defendants was, by the trial court, sustained, and said petition dismissed. From this judgment plaintiff appeals.

*11 Every proposition involved in this ease has been recently decided by this court in the cast of Marcy v. Board of County Commissioners of Seminole County et al., ante, 144 Pac. 611. On the authority of that ease, the judgment of the trial court is reversed and the case remanded. See, also, Tiger v. Western Inv. Co., 221 U. S. 286, 31 Sup. Ct. 578, 55 L. Ed. 738.

All the Justices concur, except KANE, C. J., not participating.

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1914 OK 584, 144 P. 614, 45 Okla. 10, 1914 Okla. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgeisey-v-board-of-comrs-of-seminole-county-okla-1914.

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