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CAMPBELL V. WADSWORTH, 248 U. S. 169 (1918)

U.S. Supreme Court

Campbell v. Wadsworth, 248 U.S. 169 (1918)

Campbell v. Wadsworth

No. 72

Argued November 21, 1918

Decided December 16, 1918

248 U.S. 169


The Seminole Agreement of October 7, 1899, 31 Stat. 250, provides for enrollment by the Commission to the Five Civilized Tribes of "all children born to Seminole citizens" up to and including December 31, 1899, and of all Seminole citizens then living, and that the rolls so made, when approved by the Secretary of the Interior, shall constitute the final rolls of Seminole citizens, upon which allotment and distribution of lands, etc., of the Seminole Indians shall be made, "and to no other persons." The next paragraph prescribes that, if any member of the tribe die after December 31, 1899, the lands, etc., to which he would be entitled if living, "shall descend to his heirs who are Seminole citizens." A father, enrolled only as a Seminole, the roll referring to his wife and family as Creeks, died after that date, leaving a wife and daughters, who were enrolled only as Creeks, their roll describing him as an enrolled Seminole. Both rolls were final, and they, with other evidence, are here regarded as establishing a Creek custom assigning children of mixed marriages the tribal status of their mother. Held that the father's share of Seminole lands, subsequently allotted, did not descend to the mother or the daughters.

53 Okla. 728 reversed.

The case is stated in the opinion.

Page 248 U. S. 170

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