HOLMES v. UNITED STATES

No. 8079.

33 F.2d 688 (1929)

HOLMES v. UNITED STATES.

Circuit Court of Appeals, Eighth Circuit.

July 1, 1929.


Attorney(s) appearing for the Case

Alger Melton and Adrain Melton, both of Chickasha, Okl., for appellant.

Frank Lee, U. S. Atty., and Philos S. Jones, Asst. U. S. Atty., both of Muskogee, Okl.

Before STONE, Circuit Judge, and FARIS and SYMES, District Judges.


FARIS, District Judge.

Ben Benjamin, a Choctaw Indian of full blood, duly enrolled as such, made to one Roy McMullen an agricultural lease, so-called, and called also in the record a "departmental lease," to distinguish it from certain alleged one-year leases, called in the record "independent leases." This departmental lease was executed by the lessor and lessee, on the 25th day of November, 1924, and by its terms leased the restricted homestead of the Indian lessor...

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