on the

day of, 19, and there being no testimony offered in opposition to this confirmation, and the court, having examined said return and having heard and considered the evidence of witnesses offered in support of said return of sale by the guardian herein, -, and being fully

advised in the premises, finds:

That, in pursuance of said order of sale, said

ian, on the

day of

guard

-, 19-, sold the portion of the real estate of said estate, described as follows, to-wit: Said

ward's interest in

County, Oklahoma, at private sale, to

ing terms, to-wit:

in Okmulgee

-, upon the follow

For the sum of $, payable as follows: Cash in hand, subject to confirmation by the county court of

Oklahoma.

County,

That said sale was made after due notice as prescribed by said order of sale; that said purchaser was the highest bidder therefor, and said sum the highest and best sum bid; that said sale was legally made and fairly conducted; that said sum is not disproportionate to the value of the property sold, and that a sum exceeding such bid at least ten (10) per cent., exclusive of the cost of a new sale, cannot be obtained, and that the said guardian, in all things proceeded and conducted and managed such sale as required by the statute in such cases made and provided, and as by said order of sale required and directed. IT IS THEREFORE ordered, adjudged and decreed by the court, that the said sale be, and the same is hereby, confirmed and approved and declared valid, and the said guardian, is directed to execute to said purchaser proper and legal conveyance of said real estate.

[SEAL.]

Judge of the County Court.

CHAPTER XV.

HOMESTEAD AND EXEMPTION LAWS.

Sec. 924. Distinction between general homestead and the homestead for the Indian and freedman.

The term "homestead," as applied to the exemptions of a debtor from levy and execution, is often erroneously used

in the sense of the forty acres of each quarter section of land allotted by the Federal Government to the Indian and freedman as his homestead. The terms carry with each an entirely different meaning, which should not be disregarded. The subject, homestead, is provided for by constitutional provision, and is regulated in this State, by statute. The object of the law, which prevents certain lands from being sold to satisfy debt, is not to protect the debtor, but it is to protect the family in its enjoyment of a home. As the statute relating to the subject of homesteads treats of exemptions, both as to real and personal property, and, as the law as to each is interwoven with the other, the law and procedure as to both, will be discussed in this chapter.

Sec. 925. The homestead in forty acres for the Indian and freedman.

It is provided by Congress that lands allotted to Indian and freedman shall not in any manner whatsoever, or at any time, be incumbered, taken or sold to secure or satisfy any debt, or obligation contracted or incurred prior to the date of the deed to the allotee therefor, and such lands shall not be alienable by the allotee or his heirs at any time before the expiration of five years from the ratification of this agreement, except with the approval of the secretary of the interior. Each citizen shall select from his allotment forty acres of land as a homestead, which shall be nontaxable and inalienable and free from any incumbrance whatsoever for twenty-one years, for which he shall have a separate deed, conditioned as above: Provided, that selections of homesteads for minors, prisoners, convicts, incompetents and aged and infirm persons, who cannot select for themselves, may be made in the manner herein provided for the selection of their allotments; and if, for any reason, such selection be not made for any citizen, it shall be the duty of such commission to make selection for him.

The homestead of such citizen shall remain, after the death of the allotee, for the use and support of children born to

him after the ratification of this agreement, but if he have no such issue then he may dispose of his homestead by will, free from limitation herein imposed, and if this be not done, the land shall descend to his heirs according to the law of descent and distribution of the Creek nation, free from such limitation.1

While the freedman has been permitted to sell his entire allotment, including the homestead, yet, the forty acres heretofore designated as his homestead is still generally called his homestead.

In discussing this subject, Mr. Bledsoe, in his valuable work, "Indian Land Laws," says:

"Under the agreements made between the United States and each of the five civilized tribes, and under the laws of the United States applicable to the allotees of each of the tribes, a homestead is reserved out of each allotment, and is made inalienable for a long period of years. This may be termed a homestead by reservation.

"This homestead right is wholly independent of occupancy. It may, and most frequently does, exist as to land never in fact occupied as a homestead. This homestead is wholly a creature of the law arising from the agreements between the United States and the various tribes, and the laws enacted pursuant thereto. It is really not a homestead within the accepted meaning of that term. It is an arbitrary application of the term 'homestead' to a certain part of the allotment which the allotee is prohibited from alienating for a long period of time.

"This homestead which, for the purpose of this discussion, will be termed the 'reserved homestead,' may become an actual homestead by occupancy under the homestead laws of Oklahoma. In such case it is protected not only by the agreements with the tribes and the laws of the United States, but also by the homestead laws of the State of Oklahoma. When such is the case, in order to pass a perfect title, the

1 Creek agreement, Act of March 11, 1901 (31 Stat. L. 861).

restrictions upon alienation must have expired, or been removed, and both husband and wife must join in the conveyance. If the homestead is such by reservation only, the husband or wife, either, whichever happens to be the owner, may convey without the other joining; likewise that part of the allotment known as the surplus may become a homestead by occupancy under the Constitution and laws of the State, and, in such case, in order to pass a perfect title, both husband and wife must join in the conveyance." 2

Sec. 926. The homestead law a constitutional provision.

The homestead of any family in this State, not within any city, town or village, shall consist of not more than one hundred and sixty acres of land, which may be in one or more parcels, to be selected by the owner. The homestead within any city, town or village, owned and occupied as a residence only, shall consist of not exceeding one acre of land, to be selected by the owner: Provided, that the same shall not exceed in value the sum of five thousand dollars, and in no event shall the homestead be reduced to less than one-quarter of an acre, without regard to value; and provided, further, that in case said homestead is used for both residence and business purposes, the homestead interests therein shall not exceed in value the sum of five thousand dollars: Provided, that nothing in the laws of the United States, or any treaties with the Indian tribes in the State shall deprive any Indian or other allotee of the benefit of the homestead and exemption laws of the State: And provided, further, that any temporary renting of the homestead shall not change the character of the same when no other homestead has been acquired.

The homestead of the family shall be, and is hereby protected from forced sale, for the payment of debts, except for the purchase money therefor, or a part of such purchase

2 Indian Land Laws, by Bledsoe, Sec. 137, pp. 178-180.