BARNETT v. EQUITABLE TRUST CO.


21 F.2d 325 (1927)

BARNETT v. EQUITABLE TRUST CO. OF NEW YORK et al.

District Court, S. D. New York.

August 9, 1927.


Attorney(s) appearing for the Case

Patterson, Eagle, Greenough & Day, of New York City (Carroll G. Walter, of New York City, and Rayburn L. Foster, Cochran & Ellison and McCrory & Monk, all of Okmulgee, Okl., of counsel), for plaintiff.

Murray, Aldrich & Roberts, of New York City (A. M. Stackhouse, of New York City, of counsel), for respondent Equitable Trust Co. of New York.

Charles S. Fettretch, of New York City (Charles B. Rogers, of Tulsa. Okl., Phillip B. Campbell, of Washington, D. C., and L. O. Lytle, of Sapulpa, Okl., of counsel), for respondent American Baptist Home Mission Soc.

Emory R. Buckner, U. S. Atty., of New York City (Thomas W. Crawford, Alvin McK. Sylvester, of New York City, Charles B. Selby, of Oklahoma City, Okl., and Nat. M. Lacey, of Macon, Mo., of counsel), for intervener.


KNOX, District Judge.

For the purposes of this case, it may be assumed that the Secretary of the Interior had power and authority to remove the restrictions which the Congress of the United States has placed upon the property of Jackson Barnett, as a full-blood Indian of the Creek tribe, and to approve such gifts and donations of his property as he in fact made. But such approval, however honest and disinterested it may have...

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