FINK v. COUNTY COMMISSIONERS

No. 43.

248 U.S. 399 (1919)

FINK ET AL., TRUSTEES & c., v. BOARD OF COUNTY COMMISSIONERS OF MUSKOGEE COUNTY, OKLAHOMA, ET AL.

Supreme Court of United States.

Decided January 13, 1919.


Attorney(s) appearing for the Case

Mr. Charles B. Rogers, with whom Mr. W.O. Cromwell and Mr. George W. Buckner were on the briefs, for plaintiffs in error.

Mr. S.P. Freeling, Attorney General of the State of Oklahoma, with whom Mr. R.E. Wood and Mr. Hunter L. Johnson, Assistant Attorneys General of the State of Oklahoma, and Mr. W.W. Cotton were on the brief, for defendants in error.

Mr. Edmund Lashley, by leave of court, filed a brief as amicus curiae.


MR. JUSTICE McKENNA delivered the opinion of the court.

The question in the case is whether land allotted to an Indian of the Creek Tribe exempt from taxation in the hands of the Indian is exempt in the hands of a purchaser from the Indian.

Considering that the land was so exempt, in other words, that the exemption went with the land, in subsequent hands, the suit was commenced by plaintiffs in error, here called plaintiffs, to restrain the collection of taxes...

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