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BARNETT v. EQUITABLE TRUST CO.

No. 331.

34 F.2d 916 (1929)

BARNETT v. EQUITABLE TRUST CO. OF NEW YORK et al. (UNITED STATES, Intervener). EQUITABLE TRUST CO. OF NEW YORK v. UNITED STATES.

Circuit Court of Appeals, Second Circuit.

July 15, 1929.

Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., of New York City, and Nat M. Lacy, Sp. Asst. Atty. Gen. (O. H. Graves, of Washington, D. C., on the brief), for appellant.

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

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. Hand, Circuit Judge (after stating the facts as above).

We hold that the District Court had power to make an allowance out of the fund. Whatever the status before May 27, 1908, of the lands of allottees of the Five Civilized Tribes of whom the Creeks are one, the act of that day (35 Stat. 312), established their position from that time on. They were not to be conveyed before April 26, 1931, "except that the Secretary of the Interior may remove restrictions, wholly...

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