UNITED STATES v. TIGER

No. 7106.

19 F.2d 35 (1927)

UNITED STATES v. TIGER et al.

Circuit Court of Appeals, Eighth Circuit.

April 4, 1927.


Attorney(s) appearing for the Case

Frank Lee, U. S. Atty., of Muskogee, Okl. (V. H. Biddison, of Tulsa, Okl., on the brief), for the United States.

Fred A. Fulghum, of Tulsa, Okl., amicus curiæ.

Charles R. Bostick, of Tulsa, Okl. (M. A. Breckinridge, of Tulsa, Okl., C. A. Summers, of Muskogee, Okl., and Robert M. Rainey and B. B. Blakeney, both of Oklahoma City, Okl., of counsel), for appellees.

Before STONE and VAN VALKENBURGH, Circuit Judges, and TRIEBER, District Judge.


STONE, Circuit Judge.

A Creek allottee died intestate on March 14, 1919, without issue, leaving a husband and both parents. The husband was an enrolled Choctaw — the parents were enrolled Creeks.

This controversy is whether the husband was an heir as to this allotted land. At the time of death, the Oklahoma statute (Rev. Laws 1910, § 8418) cast descent, where no issue, as follows: One-half to the husband and one-half to the parent (equal shares...

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