CULLY v. MITCHELL

No. 149.

37 F.2d 493 (1930)

CULLY v. MITCHELL et al.

Circuit Court of Appeals, Tenth Circuit.

January 6, 1930.


Attorney(s) appearing for the Case

Chester I. Long and W. E. Stanley, both of Wichita, Kan. (J. D. Houston, of Wichita, Kan., Peter Q. Nyce, of Washington, D. C., Austin M. Cowan, of Wichita, Kan., and Thomas H. Owen, of Oklahoma City, Okl., on the brief), for appellant.

N. A. Gibson and J. L. Hull, both of Tulsa, Okl. (T. J. Flannelly and Paul B. Mason, both of Independence, Kan., and West, Gibson, Sherman, Davidson & Hull, of Tulsa, Okl., for Prairie Oil & Gas Company; R. H. Hudson, of Bartlesville, Okl., for Phillips Petroleum Company; Benjamin C. Conner and Hunter L. Johnson, both of Tulsa, Okl., for Cortez Oil Company; G. J. Neuner, of Tulsa, Okl., for New York Petroleum Royalty Corporation; Arrington & Evans, of Shawnee, Okl., for George Laub and Central Valley Oil Company; W. C. Wood, of Wewoka, Okl., for E. W. Whitney and V. V. Harris; Norvell & Norvell, of Wewoka, Okl., for Guy G. Jameson and C. B. Billington; Goode, Dierker & Goode, of Shawnee, Okl., for C. B. Billington; and C. A. Summers, of Muskogee, Okl., for S. D. Mitchell and E. A. Hassman, on the brief), for appellees.

Before LEWIS, COTTERAL, and McDERMOTT, Circuit Judges.


McDERMOTT, Circuit Judge.

The rolls of citizenship of the Five Civilized Tribes, approved by the Secretary of the Interior, carried the name of Maria Cully, the appellant, and opposite her name, under the heading "Blood," the fraction "¼." Under the Act of May 27, 1908 (35 Stat. 312), "All lands, including homesteads, of said allottees enrolled as * * * mixed-blood Indians having less than half Indian blood including minors shall be free from all restrictions...

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