[Download] "Reavis v. United States." by United States Court of Appeals for the Tenth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Reavis v. United States.
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 24, 1939
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
This is a suit brought by the United States against Harold C. McGugin, hereinafter called McGugin, C. M. McGugin, Nell Bird McGugin, Walter S. Keith, hereinafter called Keith, and The William McGugin Investment Company, a corporation, to recover certain United States bonds belonging to Jackson Barnett, or their proceeds or value if they have been converted, and to impress a trust upon certain lands and money. Jackson Barnett, a full-blood Creek Indian, was allotted a tract of land when the Creek tribal lands were divided in severalty under the Act of March 1, 1901, 31 Stat. 861, and the Act of June 30, 1902, 32 Stat. 500.His title was in fee simple, but the land was subject to restrictions against alienation or leasing, except with the approval of the Secretary of the Interior. In 1912, the probate court of the county in which Barnett resided in Oklahoma, adjudged him a mental incompetent and appointed a guardian of his estate. Thereafter Barnett and the guardian, with the approval of such court and of the Secretary of the Interior, executed an oil and gas lease covering the allotted land. It was provided in the lease that the royalties be paid to a local representative of the Secretary for the benefit of Barnett. Oil in large quantities was struck on the land. Proceeds of the royalties were invested in United States bonds exceeding $1,100,000 face value, and such bonds were deposited with the Secretary of the Treasury for safe-keeping. Barnett placed his thumb mark upon a written instrument addressed to the Secretary of the Interior requesting (1) that $550,000 face value of such bonds be delivered to the Equitable Trust Company on New York to be held in trust for the American Baptist Home Mission Society, and (2) that a like amount of such bonds be delivered to his wife. The Secretary approved the instrument, caused the bonds to be withdrawn from the Treasury, and transferred and delivered them as requested. It is now judicially settled beyond question that due to Barnetts mental incapacity the instrument to which he placed his thumb mark was ineffective, and that the Secretary of the Interior acted without warrant of law in making the transfer and delivery of the bonds. Barnett v. Equitable Trust Co., D.C., 21 F.2d 325; Id., 2 Cir., 34 F.2d 916, certiorari denied, American Baptist Home Mission Soc. v. Barnett, 278 U.S. 626, 49 S. Ct. 28, 73 L. Ed. 546; United States v. Mott, 10 Cir., 37 F.2d 860; Id., 283 U.S. 747, 51 S. Ct. 642, 75 L. Ed. 1385; Barnett v. United States, 9 Cir., 82 F.2d 765, certiorari denied, 299 U.S. 546, 57 S. Ct. 9, 81 L. Ed. 402. McGugin and Keith were partners engaged in the practice of law at Coffeyville, Kansas, and within a few days after Barnett and his wife were married in 1920, she employed them to represent her in all matters relating to her marriage and to her interests in the estate and property of her husband, and agreed to pay McGugin for such services twenty-five per cent of all moneys which she should receive from her husband or his estate. Pursuant to such employment McGugin advised her throughout and was familiar with all of the facts and circumstances leading up to the transfer and delivery of such bonds by the Secretary of the Interior.