Kenny v. Miles
Headline: Court reverses state partition judgment, rules partition of restricted Osage allotments invalid without Secretary of the Interior approval, protecting tribal heirs and blocking unauthorized land sales.
Holding:
Summary
Background
A county court in Osage County, Oklahoma, had to decide who inherited land and funds belonging to Lah-tah-sah, an enrolled Osage woman who died in 1908. Two people claimed her estate: John Kenny, who said he was her son, and Laban Miles, who said he was her surviving husband. Miles relied on a prior state district-court judgment that found he was married to Lah-tah-sah and ordered partition or sale of the lands that had been allotted or deeded in her name under the 1906 Osage allotment law.
Reasoning
The Court examined the 1906 and 1912 Acts dealing with Osage allotments and found those deeds and surplus lands were
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