ARBOR v. BLUE

Nos. 269, 270.

45 F.2d 746 (1930)

ARBOR v. BLUE et al. (two cases).

Circuit Court of Appeals, Tenth Circuit.

December 23, 1930.


Attorney(s) appearing for the Case

D. H. Linebaugh and Paul Pinson, both of Muskogee, Okl., and Charles West, of Tulsa, Okl., for appellant Isabeth Arbor.

J. W. Field, of Sapulpa, Okl. (L. O. Lytle, of Sapulpa, Okl., and S. W. Maytubby, Jr., of Wewoka, Okl., on the brief), for appellants Emma Arbor, L. O. Lytle, J. W. Field, and H. U. Bartlett.

R. H. Hudson, of Bartlesville, Okl., for appellee Phillips Petroleum Co.

A. J. Biddison, of Tulsa, Okl. (Biddison, Campbell, Biddison & Cantrell, of Tulsa, Okl., on the brief), for appellees J. Q. Blue, Margay Oil Corporation, and Josey Oil Co.

C. H. Baskin and W. C. Farmer, both of Wetumka, Okl., for appellees H. H. Darks and other royalty owners.

Before PHILLIPS and McDERMOTT, Circuit Judges, and POLLOCK, District Judge.


McDERMOTT, Circuit Judge.

Caney Arbor was a quarter-blood Creek Indian, born on March 15, 1890. He was allotted the lands in controversy herein, and in May, 1908, negotiated a sale thereof to Vandiver and Diamond. Being then a minor, he could not make a valid conveyance. At that time it was erroneously believed that marriage of a minor relieved his disability, and a reprehensible practice had grown up of arranging a marriage...

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