Oklahoma v. Texas
Oklahoma v. Texas
Opinion of the Court
On consideration of the several stipulations, • suggestions and supporting briefs relating to the entry of a further decree to supplement the partial decree entered June 5, 1922, under the opinion delivered May 1, 1922, [258 U. S. 574]
It is ordered,'adjudged, and decreed:
1. This supplemental decree relates only to the bed of the Red River, and 4o lands bordering on the north side of the same, between the 98th meridian of west longitude and the mouth pf the North .Fork.
2. The several interveners who, under patents or Indian allotments by the United States, own lands bordering oh the north side of the river are severally the owners of so much of the bed of the river as lies in front of their lands and north of the mediail line of the river, except as is otherwise stated herein;
3. Where, under grants from the United States, the State of Oklahoma owns lands bordering on the north side of the river the State has the same riparian rights in
4. The full title and ownership of so much of the bed of the river as lies south of its medial line are in the United States.
5. In the sense intended herein, the medial line of the river is a line drawn midway between the northerly and southerly banks of the river, commonly called cut banks, save that, under a stipulation between the parties affected, to which full effect must be given, this line, in so far as it reaches and is in contact with paténted or allotted tracts which are within what is now the bed of the river, shall be regarded and treated as falling no farther north than the southerly line of such tracts as the same were represented by the-official survey according to which they were patented or allotted.
6. Where tracts on the north side of the river, which were not riparian when surveyed, were patented or allotted after they had become riparian, such disposals carried the title to the medial line of the river, unless ■ other tracts between them and that line had been disposed of theretofore, in which event the later disposals did not carry any right in, or affect the title to, such intervening tracts.
7. Where tracts on the north side, which had come to be in the river bed after survey and before disposal, were patented or allotted as if they were upland, while the adjacent land behind them which was then actually riparian was as yet unsold and unallotted, such disposals carried the title to the- medial line of the river, unless other tracts between them and that line had been disposed of theretofore, in which event the later disposals did not carry any right in, or affect the title to, such intervening tracts.
8. The patenting and allotting of.lands bordering on the north side of the river did not carry or give any right to islands in the river which were in existence at that time.
10. The patent issued for lots 1 and 2 of section 8 in township 5 south of range 14 west, under which the inter-veners A. E. Pearson, et al., are now claiming, carried the right and title to the river bed between such lots and the medial line of the river.'
11. The patent issued for the northeast quarter of the northeast quarter of section 7 in township- 5 south of range 14 west, under which the interveners A. E. Pearson, et al., are now claiming, invested the patentee with the full ownership of the land within the limits of that tract as shown on.the plat of the official survey, but did not carry any right or title to any part of the river bed as an incident tó the disposal of that tract.
12. The patent issued for lots 6 and 7 of section 7 in township 5 south of range 14 west, under which the inter-veners Robert L. Owen, et al., are now claiming, carried' the right and title to the river bed between such lots and the medial line of the river.
13. The allotments'in severalty made of the following tracts, to or on behalf pf the Indians named, respectively included and covered the right and title to the portions of the river bed between such tracts and the medial line of the river.
Henry Boot-Pawle, allotment No. 3332, Kiowa, 1910, E% of the NE14 and lot 4 of section 33, twp. 5 S., range 12 W; Webster Lonewolf, allotment No. 3327, Kiowa, 1910, W% of the NE14 and lot 3 of section 33, twp. 5 S., range 12 W; Amy Laura Bear, allotment No. 3361, Kiowa, 1910, E]/2 of NW1^ and lot 2 of. section 33, twp. 5 S., range 12 W; Mary Hummingbird, allotment No. 3315, Kiowa, 1910, of NW% and lot 1 of section
14. The allotments in severalty made of the following tracts, to or on behalf of the Indians named, respectively included and covered the right and title to the portions of the river bed between such tracts and the medial line of the river, save that this paragraph must be understood to be without prejudice to any rights which other persons or allottees may have in virtue of prior or contemporary disposals or allotments of other tracts between those described and that line:
Erancis Chanate, allotment No. 3333, Kiowa, 1910, W% of the NE14 and the NW% of the SEi^ of section 13, twp. 5 S., range 12 W; Velma-mi-he-copy, allotment No. ■ 3428, Comanche, 1910, NE1^ of NE% of section 9, twp. 5 S., range 13 W; Maggie Hummingbird, deceased, allotment No. 3314, Kiowa, 1910, NW% of the SW% and the S% of the SW% of section 12, twp. 5 S., range 15 W; Rob-peet-sue-ni, allotment No. 3382, Kiowa, 1910, W% of the SE% and lot 2 of section 11, twp. 5 S., range 15 W; Carl Ye-ah-que, allotment No. 3362, Kiowa, 1910, SW% of the SW34 of section 3, and W% of the NW% of section 10, twp. 5 S., range 15 W; Cynthia Cozad, allotment No. 3345, Kiojwa, 1910, lots 1 and 2 of section 4, twp. 5 S., range 16 W; Jesse Locke, allotment No. 3403, Comanche, 1910, SW14 of the SW% of section 33, and the E% of the SE34 of section 32, twp. 4 S., range 16 W; John Ah-ke-ah-bo, allotment No. 3288, Kiowa, 1910, NE% of the NE14 and the S% of the NE% of section 32, twp. 4 S., range 16 W; Louis Cozad, allotment No. 3343, Kiowa, 1910, NE1/4 of the SWy4 and the W% of the SW% of
15. The receiver is directed to surrender, as soon as conveniently may be done, the possession of all patented and allotted tracts on the northerly side of the medial line which are within the receivership area and are without an oil well; and after the possession of any such tract is so surrendered that tract shall be regarded as fully discharged from the receivership.
Reference
- Full Case Name
- STATE OF OKLAHOMA v. STATE OF TEXAS. UNITED STATES, INTERVENER
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Supplemental decree relating to certain lands in the bed of Red River and bordering its north side; declaring principles determining ownership and riparian rights and specifying the limits of particular's titles; and directing the receiver to surrender possession of ■ all patented and allotted tracts on the northerly side of the medial line of the river, within the receivership area and having no oil wells, such surrender to discharge them from the receivership.