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MARS v. McDOUGAL

No. 171.

40 F.2d 247 (1930)

MARS et al. v. McDOUGAL et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied May 14, 1930.

Attorney(s) appearing for the Case

J. T. Smith, of Sapulpa, Okl. (R. L. Wilkinson, Eugene B. Smith, Streeter Speakman, and James J. Mars, all of Sapulpa, Okl., on the brief), for appellants.

W. V. Pryor and L. O. Lytle, both of Sapulpa, Okl. (C. B. Rockwood and D. A. McDougal, both of Sapulpa, Okl., on the brief), for themselves and appellees Buell.

Nathan A. Gibson, of Tulsa, Okl. (Ernest B. Hughes and Hughes & Ellinghausen, all of Sapulpa, Okl., and West, Gibson, Sherman, Davidson & Hull, of Tulsa, Okl., on the brief), for appellees Jack, Hughes, and Bruner.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

The appellants brought this action against the appellees to recover possession of an undivided one-half interest in 160 acres of land situate in Creek County, Oklahoma, commonly known as the allotment of Susie Crow, to quiet title thereto, to cancel certain deeds and to avoid certain prior judgments.

Susie Crow, a Creek allottee, died during her infancy in September, 1899. Upon selection, her allotment descended in equal undivided...

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