Lanham v. McKeel

Background

Mary Jane Lanham, a Choctaw woman of three-fourths blood, executed a deed for part of her surplus allotment on April 25, 1908. Earlier federal laws had made that allotted land inalienable unless the Secretary of the Interior removed the restriction in writing. An Indian Agent investigated and recommended removal, and the Secretary approved that recommendation in writing on March 26, 1908 with the words: “Approved: This approval to be effective thirty days from date.” The Oklahoma courts held the approval date should be included when counting the thirty days and therefore found the April 25 deed valid.

Reasoning

The Court addressed the narrow question: when does a written approval become effective under the phrase “effective thirty days from date”? The Court rejected treating the phrase as if it meant “effective after thirty days from date.” It explained that an approval dated March 26 with effectiveness counted from its date becomes operative on the thirtieth day after that date. Applying that rule, the approval was effective on April 25, the same day the deed was signed, so the conveyance was valid. The Court affirmed the Oklahoma decision but rested its conclusion on this textual interpretation.

Real world impact

The decision resolves this title dispute and clarifies how to count effective dates in similar written approvals by federal officials. People holding restricted allotment land and purchasers who rely on such written approvals can treat approvals as operative on the specified day counted from the approval date. This ruling is narrow and focuses on timing language rather than broader property or tribal questions.