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GANNON V. JOHNSON, 243 U. S. 108 (1917)

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U.S. Supreme Court

Gannon v. Johnson, 243 U.S. 108 (1917)

Gannon v. Johnson

No. 131

Argued December 2, 1916

Decided March 6, 1917

243 U.S. 108


Under the Choctaw-Chickasaw supplemental agreement of July 1, 1902, §§ 11, 12, 15 and 16, 32 Stat. 641, surplus lands, selected by a member of the Chickasaw Tribe, become alienable only with the expiration of the respective periods after patent fixed in § 16; these restrictions accompany the land when it passes to a tribal member by inheritance, and a conveyance by him while the periods are running is void. Mullen v. United States, 224 U. S. 48, distinguished.

The Act of April 26, 1906, 34 Stat. 137, in providing that conveyances of allotments made after selection should not be declared invalid solely because made prior to patent, was not intended to validate deeds made before removal of restrictions on alienation; on the contrary, it expressly declare them null and void.

40 Okl. 695 affirmed.

The case is stated in the opinion.

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