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CLARK v. ANTHIS

No. 391.

51 F.2d 42 (1931)

CLARK v. ANTHIS et al.

Circuit Court of Appeals, Tenth Circuit.

June 27, 1931.

Attorney(s) appearing for the Case

J. S. Severson, of Tulsa, Okl., for appellant.

J. D. Simms, of Wewoka, Okl., and John M. Holmes, of St. Louis, Mo. (Thrift & Davenport, of Sapulpa, Okl., and Thompson, Mitchell, Thompson & Young and Joe T. Dickerson, all of St. Louis, Mo., on the brief), for appellees.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

Fill Clark is a Creek Freedman, born September 22, 1904, and was the allottee of the lands in controversy; he brings this action to recover the allotment, to set aside all conveyances thereof, and for an accounting. The defendants claim under a deed made by Clark's guardian in 1916, and under a quitclaim deed made by Clark after his majority. The plaintiff claims that the guardian's deed is void because of a defect in the service of the notice...

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