Sunderland v. United States, 266 U.S. 226 (1924). · Go Syfert
Sunderland v. United States, 266 U.S. 226 (1924). Cases Citing This Book View Copy Cite
306 citation events (23 in the last 25 years) across 30 distinct courts.
Strongest positive: Beattie v. STATE EX REL. GRDA (okla, 2002-01-15)
Treatment trajectory · 1924 → 2026 · click a year to view as-of
1924 1975 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
examined Cited as authority (quoted) Beattie v. STATE EX REL. GRDA (2×)
Okla. · 2002 · quote attribution · 2 verbatim quotes · confidence low
the general rule is not to be doubted, that the tenure, transfer, control and disposition of real property are matters which rest exclusively with the state where the property lies ( united states v. fox, 94 u.s. 315, 320, 321 , 24 l.ed. 192 ). . . .
discussed Cited as authority (rule) Muth v. Educators Security Insurance
Cal. Ct. App. · 1981 · confidence medium
It is a universal rule “that realty is exclusively subject to the lex loci rei sitae—to the law of the state within which it is situated.” (Estate of Patmore (1956) 141 Cal.App.2d 416, 419 [ 296 P.2d 863 ]; and see Sunderland v. United States (1924) 266 U.S. 226, 232-233 [ 69 L.Ed. 259, 260-261 , 45 S.Ct. 64 ]; Barber v. Barber (1958) 51 Cal.2d 244, 247 [ 331 P.2d 628 ]; Cummings v. Bullock (9th Cir. 1966) 367 F.2d 182, 183 ; Losson v. Blodgett (1934) 1 Cal.App.2d 13, 17-18 [ 36 P.2d 147 ].) “[N]o other laws or courts can affect it by an attempt to create, transfer, or vest title there…
examined Cited as authority (rule) United States v. Little Lake Misere Land Co. (4×) also: Cited "see, e.g."
SCOTUS · 1973 · confidence medium
United States v. Yazell, 382 U. S. 341, 352-358 (1966); United States v. Burnison, 339 U. S. 87, 89 (1950); Davies Warehouse Co. v. Bowles, 321 U. S. 144, 155 (1944); Sunderland v. United States, 266 U. S. 226, 232-233 (1924); Mason v. United States, 260 U. S. 545, 557-558 (1923); United States v. Fox, 94 U. S. 315, 320 (1877).
cited Cited as authority (rule) Estate of Gonsky v. Register
N.D. · 1952 · confidence medium
Sunderland v. United States, 266 US 226, 232, 233 .
discussed Cited as authority (rule) McElroy v. Pegg
10th Cir. · 1948 · confidence medium
Sunderland v. United States, 8 Cir., 287 F. 468, 471 ; Id., 266 U.S. 226, 234, 235 , 45 S.Ct. 64 , 69 L.Ed. 259 ; Board of County Commissioners v. Seber, 318 U.S. 705, 710, note 3 , page 708, 63 S.Ct. 920 , 87 L.Ed. 1094 ; United States v. Brown, 8 Cir., 8 F.2d 564, 565 ; Hass v. United States, 8 Cir., 17 F.2d 894, 896 .
cited Cited as authority (rule) Coakley v. Attorney General
Mass. · 1945 · confidence medium
Sunderland v. United States, 266 U. S. 226, 232, 233 .
discussed Cited as authority (rule) Ward v. United States
10th Cir. · 1943 · confidence medium
Sunderland v. United States, 266 U.S. 226, 234, 235 , 45 S.Ct. 64 , 69 L.Ed. 259 ; Mott v. United States, 283 U.S. 747, 750, 751 , 51 S.Ct. 642 , 75 L.Ed. 1385 ; United States v. Goldfeder, 10 Cir., 112 F.2d 615, 616 ; United States v. Watashe, 10 Cir., 102 F.2d 428, 430 ; United States v. Brown, 8 Cir., 8 F.2d 564, 568 .
discussed Cited as authority (rule) United States v. Williams (2×)
10th Cir. · 1943 · confidence medium
Sunderland v. United States, 266 U.S. 226, 234, 235 , 45 S.Ct. 64 , 69 L.Ed. 259 ; Mott v. United States, 283 U.S. 747, 750, 751 , 51 S.Ct. 642 , 75 L.Ed. 1385 ; United States v. Goldfeder, 10 Cir., 112 F.2d 615, 616 ; United States v. Watashe, 10 Cir., 102 F.2d 428, 430 ; United States v. Brown, 8 Cir., 8 F.2d 564, 568 .
discussed Cited as authority (rule) Burgess v. Nail
10th Cir. · 1939 · confidence medium
Whitehurch v. Crawford, 10 Cir., 92 F,, 2d 249, 253; Holmes v. United States, 10 Cir., 53 F.2d 960, 962 ; United States v. Getzelman, 10 Cir., 89 F.2d 531, 536 , certiorari denied 302 U.S. 708 , 58 S.Ct. 27 , 82 L.Ed. 547 ; Hickey v. United States, 10 Cir., 64 F.2d 628, 631 ; Taylor v. Tayrien, 10 Cir., 51 F.2d 884, 887 , certiorari denied 284 U.S. 672 , 52 S.Ct. 127 , 76 L.Ed. 569 ; McCurdy v. United States, 246 U.S. 263, 273 , 38 S.Ct. 289 , 62 L.Ed. 706 . 6 That the Commissioner of Indian Affairs thought otherwise is clearly evidenced by his report to the Secretary of the Interior, approved…
cited Cited as authority (rule) United States v. Watashe
10th Cir. · 1939 · confidence medium
The power of the Secretary of the Interior to make the regulation was upheld in Sunderland v. United States, 266 U.S. 226, 234, 235 , 45 S.Ct. 64 , 69 L.Ed. 259 .
cited Cited as authority (rule) Conner v. Cornell
8th Cir. · 1929 · confidence medium
In Sunderland v. United States, 266 U. S. 226, 233 , 45 S. Ct. 64, 65 ( 69 L.
cited Cited as authority (rule) United States v. Candelaria
8th Cir. · 1926 · confidence medium
Ed. 889 ]; Sunderland v. United States, 266 U. S. 226, 232 [ 45 S. Ct. 64 , 69 L.
cited Cited as authority (rule) United States v. Brown
8th Cir. · 1925 · confidence medium
We think this conclusion is legitimately to be deduced from the language of Mr. Justice Sutherland in Sunderland v. United States, 266 U. S. 226 , loc. cit. 235, 45 S. Ct. 64, 65 ( 69 L.
examined Cited "see" Dalton, Jr. v. Commissioner of IRS (3×)
1st Cir. · 2012 · signal: see · confidence high
See Sunderland v. United States, 266 U.S. 226, 232-33 , 45 S.Ct. 64 , 69 L.Ed. 259 (1924).
discussed Cited "see" United States v. Navajo Nation (2×)
SCOTUS · 2003 · signal: accord · confidence high
In Tiger v. Western Investment Co., 221 U.S. 286 (1911), for example, we upheld the constitutionality of the Act of Apr. 26, 1906, ch. 1876, § 22, 34 Stat. 145 , which made alienation of certain allotted lands by citizen Indians "subject to the approval of the Secretary of the Interior." Although allotment and conferral of citizenship had given tribal members greater responsibility for their own interest, see, e. g., Choteau v. Burnet, 283 U.S. 691, 694 (1931), we nevertheless understood that the requirement of prior approval was supposed to satisfy the National Government's trust responsibil…
examined Cited "see" Kenai Oil & Gas, Inc. v. Department of the Interior (3×)
D. Utah · 1981 · signal: see · confidence high
See Sunderland v. United States, 266 U.S. 226, 233-34 , 45 S.Ct. 64, 65 , 69 L.Ed. 259 (1924); Heckman v. United States, 224 U.S. 413, 438 , 32 S.Ct. 424, 431 , 56 L.Ed. 820 (1912); Tiger v. Western Investment Co., 221 U.S. 286, 310-11 , 31 S.Ct. 578, 584-585 , 55 L.Ed. 738 (1911).
examined Cited "see" Gladys Stray Calf v. Scott Land & Livestock Co. (6×)
9th Cir. · 1977 · signal: accord · confidence high
Accord, Sunderland v. United States, 266 U.S. 226, 233-34 , 45 S.Ct. 64 , 69 L.Ed. 259 (1924).
examined Cited "see" Hardy v. Hardy (3×)
D.D.C. · 1966 · signal: see · confidence high
See Sunderland v. United States, 266 U.S. 226 , 45 S.Ct. 64 , 69 L.Ed. 259 (1924); Greenwood v. Page, 78 U.S.App.D.C. 166, 168 , 138 F.2d 921 (1943).
examined Cited "see" United States v. Drummond (3×)
W.D. Okla. · 1941 · signal: see · confidence high
See Sunderland v. United States, 266 U.S. 226 , 45 S.Ct. 64 , 69 L.Ed. 259 .
examined Cited "see" Seber v. Board of County Com'rs of Creek County (3×)
N.D. Okla. · 1941 · signal: see · confidence high
See Sunderland v. United States, 266 U.S. 226 , 45 S.Ct. 64 , 69 L.Ed. 259 , and United States v. Goldfeder, 10 Cir., 112 F.2d 615 .
examined Cited "see" United States v. Goldfeder (3×)
10th Cir. · 1940 · signal: see · confidence high
See Sunder-land v. United States, 266 U.S. 226, 234, 235 , 45 S.Ct. 64 , 69 L.Ed. 259 .
examined Cited "see" United States v. Mullendore (3×)
10th Cir. · 1934 · signal: see · confidence high
See Sunderland v. United States, 266 U. S. 226 , 45 S. Ct. 64 , 69 L.
examined Cited "see, e.g." United States of America, Plaintiff-Appellee-Cross v. Joseph H. Irby, Defendants-Appellants-Cross United States of America, Plaintiff-Appellee-Cross v. T. Smith & Sons, Inc., Defendant-Appellant-Cross (3×)
5th Cir. · 1980 · signal: see also · confidence low
The district court is therefore affirmed as to the counterclaim. 27 AFFIRMED IN PART, REVERSED AND REMANDED IN PART. 1 16th Section Land are tracts reserved for educational purposes but leased by the county until such educational needs require the use of the land 2 See Miss.Code Ann. § 89-1-55 3 See United States v. Little Lake Misere Land Co., 412 U.S. 580, 605-08 , 93 S.Ct. 2389, 2403-05 , 37 L.Ed.2d 187 (1973) (Stewart & Rehnquist, JJ., concurring); United States v. Yazell, 382 U.S. 341, 352-58 , 86 S.Ct. 500, 506-09 , 15 L.Ed.2d 404 (1966); Davies Warehouse Co. v. Bowles, 321 U.S. 144, 15…
examined Cited "see, e.g." United States v. Irby (3×)
5th Cir. · 1980 · signal: see also · confidence low
See United States v. Little Lake Misere Land Co., 412 U.S. 580, 605-08 , 93 S.Ct. 2389, 2403-05 , 37 L.Ed.2d 187 (1973) (Stewart & Rehnquist, JJ., concurring); United States v. Yazell, 382 U.S. 341, 352-58 , 86 S.Ct. 500, 506-09 , 15 L.Ed.2d 404 (1966); Davies Warehouse Co. v. Bowles, 321 U.S. 144, 155-56 , 64 S.Ct. 474, 481 , 88 L.Ed. 635 (1944); see also Sunderland v. United States, 266 U.S. 226, 232-33 , 45 S.Ct. 64, 65 , 69 L.Ed. 259 (1924). .
examined Cited "see, e.g." Georgia Power Co. v. 138.30 Acres of Land (3×)
5th Cir. · 1980 · signal: see also · confidence low
See United States v. Little Lake Misere Land Co., 412 U.S. 580, 605-08 , 93 S.Ct. 2389, 2403-05 , 37 L.Ed.2d 187 (1973) (Stewart & Rehnquist, J.J., concurring); United States v. Yazell, 382 U.S. 341, 352-58 , 86 S.Ct. 500, 506-10 , 15 L.Ed.2d 404 (1966); United States v. Burnison, 339 U.S. 87, 89 , 70 S.Ct. 503, 504 , 94 L.Ed. 675 (1950); Davies Warehouse Co. v. Bowles, 321 U.S. 144, 155-56 , 64 S.Ct. 474, 480-81 , 88 L.Ed. 635 (1944); see also Sunderland v. United States, 266 U.S. 226, 232-34 , 45 S.Ct. 64, 65 , 69 L.Ed. 259 (1923).
examined Cited "see, e.g." United States Court of Appeals, Fifth Circuit (3×)
5th Cir. · 1980 · signal: see also · confidence low
See United States v. Little Lake Misere Land Co., 412 U.S. 580, 605-08 , 93 S.Ct. 2389, 2403-05 , 37 L.Ed.2d 187 (1973) (Stewart & Rehnquist, J.J., concurring); United States v. Yazell, 382 U.S. 341, 352-58 , 86 S.Ct. 500, 506-10 , 15 L.Ed.2d 404 (1966); United States v. Burnison, 339 U.S. 87, 89 , 70 S.Ct. 503, 504 , 94 L.Ed. 675 (1950); Davies Warehouse Co. v. Bowles, 321 U.S. 144, 155-56 , 64 S.Ct. 474, 480-81 , 88 L.Ed. 635 (1944); see also Sunderland v. United States, 266 U.S. 226, 232-34 , 45 S.Ct. 64, 65 , 69 L.Ed. 259 (1923).
examined Cited "see, e.g." United States v. City Of Mcalester (3×)
10th Cir. · 1979 · signal: see also · confidence low
See also, Sunderland v. United States, 266 U.S. 226 , 45 S.Ct. 64 , 69 L.Ed. 259 (1924).
examined Cited "see, e.g." United States v. City of McAlester (3×)
10th Cir. · 1979 · signal: see also · confidence low
See also, Sunderland v. United States, 266 U.S. 226 , 45 S.Ct. 64 , 69 L.Ed. 259 (1924).
examined Cited "see, e.g." Nellie Atkins Armstrong v. Maple Leaf Apartments, Ltd., a Limited Partnership (3×)
10th Cir. · 1975 · signal: see also · confidence low
See also Sunderland v. United States, 266 U.S. 226 , 45 S.Ct. 64 , 69 L.Ed. 259 (1924); United States v. Bowling, 256 U.S. 484 , 41 S.Ct. 561 , 65 L.Ed. 1054 (1921); Heckman v. United States, 224 U.S. 413 , 32 S.Ct. 424 , 56 L.Ed. 820 (1912); Goddard v. Frazier, 156 F.2d 938 (10th Cir. 1946), cert. denied, 329 U.S. 765 , 67 S.Ct. 124 , 91 L.Ed. 659 (1946); Drummond v. United States, 131 F.2d 568 (10th Cir. 1942). .
Retrieving the full opinion text from the archive…
Sunderland
v.
United States
79.
Supreme Court of the United States.
Nov 17, 1924.
266 U.S. 226
1924 U.S. LEXIS 2919
Mr. E. G. Wilson and Mr. J. M. Springer, with whom Mr. W. H. Thompson was on the brief, for appellant., Mr. H. L. Underwood, Special Assistant to the Attorney General, with whom Mr. Solicitor General Beck and Mr. Assistant Attorney General Wells were on the brief, for the United States.
Sutherland.
Cited by 109 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 65%
Citer courts: Supreme Court of Oklahoma (2)
[*231] Me. Justice Sutherland

delivered the opinion of the Court.

Nathaniel Perryman, a Creek half-blood Indian, was allotted a homestead, with restrictions against alienation until April 26, 1931, subject, however, to removal, wholly or in part, by the Secretary of the Interior, “ under such rules and regulations concerning terms of sale and disposal of the proceeds for the benefit of the respective Indians as he may prescribe.” § 1, c. 199, 35 Stat. 312. Upon application, the Secretary removed the restrictions from a portion of the homestead, which was then sold, the proceeds of the sale being retained by the Secretary. Subsequently a portion of the proceeds was used to purchase[*232] another tract of land (the subject of the present controversy), such purchase being authorized by the Secretary upon condition that the deed of conveyance contain a clause restricting the alienation of the land so purchased until April 26, 1931, unless made with the consent of and approved by the Secretary of the Interior.” The deed was made accordingly and duly recorded in the records of Tulsa County, Oklahoma. Perryman, thereafter, without the consent of the Secretary, sold and conveyed the land to the appellant. A decree of an Oklahoma state court was obtained in a suit against Perryman, to which the United States was not a party, quieting title in appellant. The United States then brought this suit in the Federal District Court for the Eastern District of Oklahoma to cancel and set aside the conveyance of the land to appellant and annul the decree of the state court. The District Court rendered a decree in favor of the United States, which was affirmed by the Court of Appeals. 287 Fed. 468.

Upon the appeal here, appellant does not seriously challenge the decree in so far as it annuls the decree of the state court (Bowling v. United States, 233 U. S. 528, 534-535; Privett v. United States, 256 U. S. 201, 203), but confines his attack to that portion of the decree canceling the deed. The grounds relied upon are: (1) That Congress is without power to authorize the imposition of restrictions upon the sale of lands within a State which have passed to private ownership; (2) That Congress has not, in fact, conferred upon the Secretary such authority; and (3) That there is no competent, relevant or material evidence sufficient to support the decree of the trial court.

First. The power of Congress is challenged upon the’ ground that the land had become subject to the jurisdiction of the State and was exclusively within the control of its laws. The general rule is not to be doubted, that the tenure, transfer, control and disposition of real prop[*233] erty are matters. which rest exclusively with the State where the property lies, United States v. Fox, 94 U. S. 315, 320-321; but it by no means follows that a restriction upon alienation, limited as it is here, may not be imposed by the United States as a condition upon which a purchase of private lands within the State will be made for an Indian ward. The question is argued as though there had been an actual invasion of or an interference with the authority of the State to regulate and condition the transfer of land within its boundaries. But there is no such invasion or interference. If Congress, in fulfillment of its duty to protect the Indians, whose welfare is the peculiar concern of the 'Federal Government, deems it proper to restrict for a limited time the right of the individual Indian to alienate land purchased for him with funds arising from the sale of other lands originally subject to a like restriction, we are not aware of anything which stands in the way. The State of Oklahoma is not concerned, since there is no state statute, rule of law or policy, which has been called to our attention, to the contrary effect. If there were, or if the power of state taxation were involved, we should consider the question of supremacy of power; but no such question is presented by this record.

Nor are we called upon to determine whether a qualified and limited restraint upon the alienation of a fee simple title, imposed by an ordinary grantor upon an ordinary grantee, would be valid, even though not offensive to the rule against perpetuities. However that may be, we do not doubt the power of the United States to impose such a restraint upon the sale of the lands of its Indian wards, whether acquired by private purchase and generally subject to state control or not. Such power rests upon the dependent character of the Indians, their recognized inability to safely conduct business affairs, and the[*234] peculiar duty of the Federal Government to safeguard their interests and protect them against the greed of others and their own improvidence. See and compare Libby v. Clark, 118 U. S. 250, 255; United States v. Paine Lumber Co., 206 U. S. 467, 473; Blanset v. Cardin, 256 U. S. 319, 326; Bunch v. Cole, 263 U. S. 250, 252; Sperry Oil Co. v. Chisholm, 264 U. S. 488, 493. And the power does not fall short of the need; but, so long as they remain wards of the Government, justifies the interposition of the strong shield of federal law to the end that they be not overreached or despoiled in respect of their property of whatsoever kind or nature. United States v. Kagama, 118 U. S. 375, 383-4.

Second. The statute imposes the restriction upon the alienation of the Indian’s allotted lands and this, it is said, precludes an extension of the restraint to lands purchased for him. The authority given the Secretary to remove such restrictions,' under prescribed rules and regulations “ concerning terms of sale and disposal of the proceeds for the benefit of the respective Indians,” it is further insisted, ends with the disposal of the proceeds and does not extend so far as to permit him to impose restrictions upon the alienation of land purchased with such proceeds. The Secretary did not construe the statute so narrowly, but, acting under it, among other rules, prescribed that, “Where lands are purchased for the use and benefit of any citizen of the Five Civilized Tribes, of the restricted class, payment for which is made from proceeds arising from the sale of restricted allotted lands . . . the superintendent . . . shall cause a conveyance of such lands to be made on a form of conveyance containing an habendum clause against alienation or encumbrance until April 26, 1931.”

When the general protective policy of Congress in dealing with the Indians is borne in mind, it reasonably can[*235] not be doubted that the authority conferred upon the Secretary to make rules concerning the “ disposal of the proceeds for the benefit of the respective Indians” is broad enough to justify the rule in question. Since the allotted lands could not be sold or encumbered without his consent, and since the proceeds of any sale thereof were subject to his control and could only be disposed of with his approval and under such rules as he might prescribe for the benefit of the respective Indians, the extension of such control to the property in which the proceeds were directly invested would seem to be within the statute fairly construed. Indeed, we think the authority of the Secretary to withhold his consent to the proposed investment of the proceeds subject to his control, includes the lesser authority to allow the investment upon condition that the property into which the proceeds are converted shall be impressed with a like control. See United States v. Law, 250 Fed. 218; United States v. Thurston County, 143 Fed. 287, 290-291; National Bank of Commerce v. Anderson, 147 Fed. 87, 90. It is unnecessary to review the decisions said by appellant to justify the contrary conclusion. Upon examination they are all found to be readily differentiated from the case under consideration.

Third. The only suggestion contained in appellant’s brief which seriously relates to the sufficiency of the evidence, is that the proof fails to establish that the Secretary imposed restrictions specifically upon the sale of the land in question. There was received in evidence a telegram from the Department, purporting to grant authority to purchase the land for Perryman and directing the use of a restricted form of deed.” We are unable to see how this could have referred to anything else than the requirement of the rule heretofore quoted. It is said further that the telegram was not recorded in any office so as to[*236] give constructive notice to appellant or the public. It was not necessary that it should have been. The conveyance made by its authority, embodying the restriction required by the rule, was recorded, and that was enough. The remainder of appellant’s brief under this head resolves itself into a mere challenge of the competency or relevancy of certain documentary evidence, including the telegram just mentioned, admitted, over objection, by the trial court. The assignment of errors contains no suggestion that the erroneous admission of evidence would be relied upon. The rulings of the court, therefore, admitting such evidence are not before us.

Decree affirmed.