Linam v. Beck

Supreme Court of Oklahoma
Linam v. Beck, 152 P. 344 (Okla. 1915)
51 Okla. 727; 1915 OK 761; 1915 Okla. LEXIS 1068
Collier

Linam v. Beck

Opinion of the Court

Opinion by

COLLIER, C.

(after stating the facts as above). The. vital question involved in this case is the age of the grantor at the time he executed the deed to plaintiff conveying the lands in controversy. The evidence shows that the deed was executed by said allottee *729 subsequent to the passage of Act Cong. May 27, 1908, c. 199, 35 Stat. 312. The enrollment records of the Five Civilized Tribes, which are conclusive as to the age of' said allottee, were introduced in evidence, and show that said allottee was enrolled September 20, 1900, at which time he was ten years of age. Cornelius v. Yarbrough, 44 Okla. 375, 144 Pac. 1030; Duncan v. Byars et al., 44 Okla. 538, 144 Pac. 1053; Scott v. Brakel et al., 43 Okla. 655, 143 Pac. 510; Campbell v. McSpadden, 44 Okla. 138, 143 Pac. 1138; Charles v. Thornburgh, 44 Okla. 379, 144 Pac. 1033; Phillips v. Byrd, 43 Okla. 556, 143 Pac. 684. Therefore said allottee was not 21 years of age until September 20, 1911, and the deed executed by him September 6, 1911, to plaintiff herein was void. Jackson v. Lair, 48 Okla. 269, 150 Pac. 162; Reid v. Taylor, 43 Okla. 816, 144 Pac. 589.

It is a rule of law, too well settled to require citation of authorities, that plaintiff in ejectment must recover upon the strength of his own title, and not upon the defects in the title of his adversary. It was incumbent upon plaintiff to show his title to said lands; and, failing in this, his action was without merit, and the court committed reversible error in overruling defendants’ demurrer to the evidence.

For the error pointed out, this cause should be reversed and remanded, with instructions to dismiss the action.

By the Court: It is so ordered.

Reference

Full Case Name
LINAM Et Al. v. BECK
Cited By
8 cases
Status
Published
Syllabus
1. INDIANS — Conveyance of Allotment — Validity — Minority of Grantor — Enrollment Records. Wliere an action is brought to remove cloud ■ from and to recover lands allotted to an Indian,, predicated upon a conveyance executed by such allottee on September 6, 1911, and the enrollment records of the Five Civilized Tribes introduced in evidence show that the allottee was enrolled as of September 20, 1900, at which time he was ten years of age, September 20th, -the date of enrollment, would be regarded as his birthday, and hence he was a minor on September 0, 1911. Consequently said deed executed 'by him September 6, 1911, was vmd, and the court committed reversible error in. overruling defendant’s demurrer to the evidence. 2. EJECTMENT — Recovery by Plaintiff — Title. In ejectment the plaintiff must recover on -the strength of his own title, and not upon-the defects in the title of his adversary. (Syllabus by Collier, C.)