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MARLIN v. LEWALLEN

No. 40.

276 U.S. 58 (1928)

MARLIN v. LEWALLEN ET AL.

Supreme Court of United States.

Decided February 20, 1928.

Attorney(s) appearing for the Case

Mr. Claude A. Niles, with whom Mr. S.P. Freeling was on the brief, for petitioner.

Mr. Harry B. Parris, with whom Messrs. Martin E. Turner and Kirk B. Turner were on the brief, for respondents.

MR. JUSTICE VAN DEVANTER delivered the opinion of the Court.

This case presents a controverted claim to an estate by the curtesy in lands allotted and patented to a Creek woman in the distribution of the tribal property. The district court of the county where the lands lay rejected the claim; but on appeal to the Supreme Court of the State the claim was upheld, three judges dissenting. 113 Okla. 259.

The lands were allotted and patented under two agreements...

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