Shellenbarger v. Fewell

Background

Minnie Solander, a member of the Creek tribe, died intestate in 1899, leaving her husband George (who lived in the Creek Nation but was not a Creek citizen), a daughter Hettie, and a sister Phoebe. Hettie died later the same year without children. An allotment of tribal land was made for Minnie’s heirs, and George later conveyed that land to William Fewell. Fewell sued to eject the current possessor, who claimed under a deed from Phoebe. The Oklahoma Supreme Court held that George, though not a tribal citizen, held title and could convey the land.

Reasoning

The Court considered Section 28 of the 1901 Creek agreement, which directs that lands of a deceased tribal member descend according to Creek Nation laws of inheritance. Applying those Creek descent rules, the Court concluded George was entitled to the allotted land and thus had the right to transfer it. The opinion noted a debated timing question—whether heirs are fixed at the member’s death or at the allotment date—but found that question unnecessary here because George received all the contested land either way. The Supreme Court affirmed the state court’s judgment.

Real world impact

The decision means that, under the facts and the 1901 Creek provision, a non-citizen spouse can inherit and convey land allotted on behalf of a deceased tribal member. The ruling settles title disputes in this case and clarifies how Section 28 and Creek descent rules operate, though it leaves the broader timing question unresolved.