ANCHOR OIL CO. V. GRAY, 256 U. S. 519 (1921)

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U.S. Supreme Court

Anchor Oil Co. v. Gray, 256 U.S. 519 (1921)

Anchor Oil Co. v. Gray

No. 188

Argued January 27, 1921

Decided June 1, 1921

256 U.S. 519


1. The authority of the Secretary of the Interior under § 2 of the Act of May 27, 1908, c.199, 35 Stat. 312, to approve an oil and gas lease made by a full-blood Creek allottee is not taken away, under § 9, by the death of the allottee. P. 256 U. S. 522.

2. As respects the rights of the allottee's heirs and those claiming under them with notice of such outstanding lease, the approval relates back, and takes effect as of the execution of the lease by the parties named therein. P. 256 U. S. 522.

3. Under the Act of March 1, 1907, c. 2285, 34 Stat. 1026, the lodging of such lease in the office of the United States Indian Agent (now Superintendent of the Five Civilized Tribes) at Muskogee for transmission to the Secretary of the Interior constituted constructive notice to persons who, after the death of the lessor and after the lease had been approved by the Secretary, took another lease from the lessor's heirs. P. 256 U. S. 522.

4. The provision of the Act of March 1, 1907, making the filing of Indian leases with the Indian Agent at Muskogee constructive

Page 256 U. S. 520

notice, was not superseded by the admission of Oklahoma as a state or as a result of provisions in the Enabling Act of June 16, 1906, and in the state constitution adopted thereunder. P. 256 U. S. 523.

257 F.2d 7 affirmed.

The case is stated in the opinion.

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