§ 1. Scope of Work.-Individual titles to more than twenty-three million acres of land in Oklahoma have been acquired by allotinent in severalty of tribal lands of various Indian tribes. Allotment of these lands has been made under more than twenty-five separate and distinct allotment agreements, and the right of alienation and the control of descent and partition has been regulated by more than fifty separate acts of Congress, in addition to the legislation contained in the allotment agreements and the general allotment act, under which some of the tribal lands were allotted. The purpose of this work is to discuss the title of allottees of all Indian lands in the state of Oklahoma, the right of alienation thereof by the allottee and his heirs, including the right to lease, mortgage, will, or make other disposition thereof, the descent and partition of allotted Indian lands, easements in Indian lands, the jurisdiction of courts of controversies affecting Indian lands and the right of the state and its municipalities to tax such allotted Indian lands.

It is necessary to a proper understanding of these subjects that consideration be given to the tenure by which BLED.IND.(2D ED.)-1

the various tribes held their tribal lands, the legislation of Congress in reference thereto, in some instances before as well as after allotment, including the various treaties or agreements between the United States and the tribes, the general allotment act, amendments thereto and legislation supplemental thereof. Particular phases of the agreements of special importance are those imposing, extending or removing restrictions on alienation, and legislation making final the rolls of membership of the tribes as prepared by the Secretary of the Interior and making certain of such rolls conclusive as to the quantum of Indian blood and age of the allottee. The provisions of the agreements and subsequent legislation relating to descent, distribution, dower, curtesy, leases (for agricultural, oil and gas purposes), and mortgages, as applicable at different times to the allottees and the allotted and inherited lands of the several tribes, is of the very greatest importance, and, in many instances, involved in much doubt and uncertainty. Inherited Indian lands constitute a very large percentage of alienable Indian lands. Titles to such inherited allotted Indian lands are dependent largely upon the proceedings in the county courts in the exercise of their probate jurisdiction in the matter of sales of lands of minors. Because of the importance of this phase of the matter a chapter has been given to the consideration of this subject. The effect of judicial proceedings, other than those in probate, upon the title of allotted and inherited lands is of such importance and is so complicated in its nature as to make it desirable that a discussion at some length of this subject be included.

A very large part of the state of Oklahoma is threaded with oil and gas pipe lines, and with telephone lines. To meet this situation a chapter is devoted to the subject of easements in Indian lands. It is not the purpose to present a text-book upon the subject of real estate law in the state of Oklahoma, but to deal generally speaking with such phases of the law of real estate as have special ap