1866 - 1937 (71 years)
||Perry Green Lanham |
||03 Sep 1866
||Texas, Washington County, Kentucky
||04 May 1915
||Oklahoma Supreme Court
|Oklahoma Supreme Court Cases|
LANHAM v. McKEEL
1915 OK 255
148 P. 844
47 Okla. 348
Case Number: 3964
Supreme Court of Oklahoma
Cite as: 1915 OK 255, 47 Okla. 348, 148 P. 844
LANHAM et al.
¶0 1. INDIANS--Surplus Lands--Validity of Conveyance--Removal of Restrictions. On March 13, 1908, the United States, Indian agent made an order removing the restrictions on alienation of the surplus lands of a Choctaw Indian of three-fourths blood, which said order was duly approved by the Secretary of the Interior on March 26, 1908, "to he effective 30 days from date." On April 25, 1908, she made, executed, and delivered a warranty deed to said lands. Held, that her title to said lands was thereby conveyed, following Baker v. Hammett et al., 23 Okla. 480, 100 P. 1114.
2. SAME--Computation of Time--"From." The word "from," in its literal and restricted sense, generally means exclusive; but it may be used in a connection that means inclusive and where, as here, the allottee could have alienated her allotment on March 26, 1908, after approval by the Secretary. but for the 30-day limitation imposed by the approval of the Secretary, that day will be included within the 30 days.
Error from District Court, Marshall County; A. H. Ferguson, Judge.
Action by Perry G. Lanham, as administrator of the estate of Mary J. Lanham, deceased, and others, against J. F. McKeel. Judgment for defendant, and plaintiffs bring error. Affirmed on rehearing.
Geo. E. Rider and E. S. Hurt, for plaintiffs in error.
C. H. Ennis, J. E. Webb, and J. F. McKeel, for defendant in error.
¶1 On October 13, 1910, in the district court of Marshall county, Perry G. Lanham, as administrator of the estate of Mary J. Lanham, deceased, and his six minor children, by himself as their guardian, plaintiffs in error, sued J. F. McKeel, defendant in error, in ejectment for the surplus allotment of Mary J. Lanham, the mother of the minors, and for $ 250 damages for its unlawful detention. For answer, after admitting the land to be the surplus allotment of Mary J. Lanham, the mother of the minors, as stated, defendant pleaded that on March 13, 1908, Dana H. Kelsey, the United States Indian agent, made an order removing the restrictions on the alienation of the land in question, which order was duly approved by the Secretary of the Interior on March 26, 1908, to be effective 30 days from date. He alleged that thereafter, to-wit, on April 25, 1908, when said order was in full force and effect, said Mary J. Lanham sold and conveyed said land by warranty deed to one Ennis, from whom he deraigned title, in virtue of all of which he says plaintiffs are not entitled to recover. After a general demurrer thereto, filed and overruled, plaintiffs replied by a general denial, and alleged that the deed from Mary J. Lanham to said Ennis was a forgery. After one continuance had at the request of plaintiffs, they, on November, 16, 1911, made another application to continue the cause, which was overruled. There was trial to a jury, and judgment for defendant, and plaintiffs bring the case here. Both sides concede that the mother was a three-fourths blood Choctaw Indian and that the land in controversy was inalienable because of the act of Congress approved April 2, 1904, unless the restrictions upon its alienation were removed by order of the Secretary of the Interior. As we see no reason to disturb the finding of the jury that the deed from Mary J. Lanham to Ennis of date April 25, 1908, was not a forgery, the order removing restrictions upon the alienation of the land described therein being approved March 26, 1908, "to be effective 30 days from date," was the deed effective to pass title? It was, for the reason that, inclusive of the day of the approval of the order removing restrictions, 30 days had expired at the time the deed was executed; and such day should be included in computing the 30-day period during which the order of removal was not effective. Such was, in effect, our holding in Baker v. Hammett et al., 23 Okla. 480, 100 P. 1114, following Taylor v. Brown, 147 U.S. 640, 13 S. Ct. 549, 37 L. Ed. 313. Speaking to that case, this court said:
"The theory upon which the Supreme Court of the United States held that the day of the date that the patent was issued should be included seems to be that, except for the limitation taking effect at the same moment with the delivery of the patent, the patentee could have alienated the land on receipt of patent."
¶2 And so we say that, as the allottee in this case could have alienated her allotment on March 26, 1908, after approval, of the secretary, the case falls squarely within the reason of the rule announced in those cases.
¶3 It follows that the judgment of the trial court was right, and, finding no error in the record, the same is affirmed.
¶4 All the Justices concur.
||11 Jun 1917
||US Supreme Court
|U.S. Supreme Court|
LANHAM v. MCKEEL , 244 U.S. 582 (1917)
244 U.S. 582
PERRY G. LANHAM, as Administrator of the Estate of Mary J. Lanham, Deceased. et al., Plffs. in Err.,
J. F. McKEEL.
Submitted April 30, 1917.
Decided June 11, 1917.
[244 U.S. 582, 583] Messrs. Orion L. Rider, George E. Rider, and E. S. Hurt for plaintiffs in error.
Mr. J. F. McKeel, in propria persona, and Messrs. C. H. Ennis and James E. Webb for defendant in error.
Mr. Justice Pitney delivered the opinion of the court:
This writ of error presents but a single Federal question, and that is within narrow compass. The suit involves the title to a part of the surplus allotment of Mary Jane Lanham, who was a Choctaw Indian of three- fourths blood. Defendant in error claims title under a deed made by her on April 25, 1908. It is conceded that because of legislation by Congress prior to the Act of April 21, 1904 (chap. 1402, 33 Stat. at L. 189, 204), the land was inalienable, unless the restriction upon its alienation had been removed by an order of the Secretary of the Interior, made pursuant to that act. In conformity to its provisions, the United States Indian agent, after investigation, made the appropriate finding and recommended the removal of restrictions upon the alienation by Mary Jane Lanham of her surplus allotment, and this was approved by the Secretary of the Interior in writing under date of March 26, 1908, in these terms: 'Approved: this approval to be effective thirty days from date.' If either the day of the approval or the day of the conveyance be included, thirty days had expired on the day the deed was executed. The supreme court of Oklahoma, following Taylor v. Brown, 147 U.S. 640 , 37 L. ed. 313, 13 Sup. Ct. Rep. 549, and Baker v. Hammett, 23 Okla. 480, 100 Pac. 1114, held that the date of approval should be included in computing the thirty-day period, and that therefore the deed was valid (-- Okla. --, 148 Pac. 844).
In our opinion the decision was correct, although we sustain it upon grounds differing somewhat from those [244 U.S. 582, 584] upon which the cited cases rest. In Taylor v. Brown, the question arose under the proviso to 15 of an Act of March 3, 1875 (18 Stat. at L. 402, 420, chap. 131, Comp. Stat. 1916, 4611), that the title to lands acquired by certain Indians under that section should 'remain inalienable for a period of five years from the date of the patent.' In Baker v. Hammett, the language in question was that contained in 16 of the Supplemental Creek Agreement (Act of June 30, 1902, chap. 1323, 32 Stat. at L. 500, 503), to the effect that lands allotted to citizens should not be alienated 'before the expiration of five years from the date of the approval of this supplemental agreement.' In each case the statute contemplated a vesting of title accompanied with a prohibition of alienation during a specified period, and it was held that the initial date should be included in the computation because, but for the restriction, the land might have been alienated on that date. Here the restriction upon alienation arose out of antecedent legislation, and continued until the effective approval by the Secretary of the Interior of an appropriate finding by the Indian agent. The approval was required to be, and in this case was, in writing, and we have to do merely with its interpretation. What, then, is the meaning of 'effective thirty days from date?' Certainly this cannot be construed the same as if it read, 'effective after thirty days from date.' Plaintiffs in error, in argument, suppose it to have read: 'effective one day from date,' and ask whether in that event it would have become effective immediately upon being signed by the Secretary of the Interior. We answer 'No,' but that it would have become effective on the following day; that is, on the first day after its date. By like reasoning, the order as written became effective on the 30th day after its date; that is to say, on April 25th, and enabled the allottee to make a valid conveyance on that day.
||22 Jun 1937
||Wynnewood, Garvin County, Oklahome
|Garvin County Indian Pioneer Papers|
Field Worker: Maurice R. Anderson
Date: June 22, 1937
Name: Mr. Perry Lanham
Residence: Wynnewood, Oklahoma
Date of Birth: 1865
Place of Birth: Texas
Father: P.G. Lanham
Mother: Manda Anderson
I was born in Texas in 1865. I came from Texas to the Indian Territory
in 1882, and settled at Tishomingo in the Chickasaw Nation. I went to
work for Mr. Fisher; he owned a supply house, where he sold nearly
everything you wanted to buy or trade for. I worked and saved my money
so that I could start a ranch and in 1888, I had saved up enough money,
I thought, to start a small ranch, so I went over on Spring Brook Creek to
a place called Cross Roads. There was no store there at that time I built
a log house, and by the last of 1889 I owned about three hundred head of
cattle and a few horses.
A Mr. McGee put in a gin there in 1889, and later built a store and
named it McGee. I helped Mr. McGee establish a post office and by 1895
we had everything going along fine. I had at that time six sections of
land fenced and about three thousand head of cattle. Of course, I had
been selling a few along to make money to buy others with, and also to
make money enough to live on. I would buy every cow I could get money
enough to pay for and in this way I raised most of my cattle. There were
lots of wild horses on Rock Creek below where Sulphur now stands.
I have paid two to three dollars a head for those wild horses which were
broken to lead. There were several men who made a living by catching
wild horses and breaking them to lead. I have bought several horses
for five dollars a head and they were broken in to ride, this way I
got my horses very cheap. I would break them to work to a wagon or plow.
Before I sold my lease and cattle, I had twenty men working for me.
I sold out in 1899 and moved to Wynnewood, where I have lived since.
||13 Dec 1937
||Pauls Valley, Garvin County, Oklahoma
||12 Jan 2017 |
||Captain Perry Green Lanham, Senior, b. 02 Feb 1815, Maryland , d. 30 May 1886, 5 miles NE of Denton, Denton County, Texas (Age 71 years) |
||Amanda Malvina Anderson, b. 1817, Kentucky , d. 19 Apr 1900, Denton, Denton County, Texas (Age 83 years) |
||05 Sep 1839
||Mackville, Washington County, Kentucky
- by Reverend Lebanon Merritt
||Group Sheet | Family Chart
||Mary Jane Underwood, b. 22 Mar 1873, Tolbert, Oklahoma , d. 26 Mar 1910, Pontotoc County, Oklahoma (Age 37 years) |
|+||1. James Perry Lanham, b. 13 Dec 1889, Center, Oklahoma , d. 08 Jun 1950, Oklahoma City, Oklahoma (Age 60 years)|
| ||2. Charles H Lanham, b. 28 Jan 1892, Wynnewood, Garvin County, Oklahoma , d. 31 May 1965, Oklahoma County, Oklahoma (Age 73 years)|
| ||3. Amanda M Lanham, b. 09 Apr 1895, Oklahoma , d. 02 May 1898 (Age 3 years)|
|+||4. Bessie Lanham, b. Sep 1897|
|+||5. Manley Lanham, b. 25 Jun 1902, Stratford, Garvin County, Oklahoma , d. 07 Sep 1987, Mesquite, Dallas County, Texas (Age 85 years)|
| ||6. Amanda Lanham, b. @1904, Oklahoma |
|+||7. Viola Lanham, b. 16 Mar 1905, Center, Oklahoma , d. 28 May 1978, Chickasha, Grady County, Oklahoma (Age 73 years)|
| ||8. Greta Lanham|
||23 Aug 2010 |
||Group Sheet | Family Chart
||Bertha E Crawford, b. @1876, Texas |
||30 Dec 1918
||Garvin County, Oklahoma
- Garvin County Book 8 page 134
LANHAM, P G 52 CRAWFORD, BERTHA 42 30DEC1918
||14 Jun 2009 |
||Group Sheet | Family Chart