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TAYLOR v. TAYRIEN

No. 414.

51 F.2d 884 (1931)

TAYLOR v. TAYRIEN et al.

Circuit Court of Appeals, Tenth Circuit.

August 3, 1931.

Attorney(s) appearing for the Case

L. M. Poe, E. J. Lundy, R. E. Morgan, and H. R. Duncan, all of Tulsa, Okl., for appellant.

T. J. Leahy, C. S. Macdonald, F. W. Files, H. C. Hargis, F. O. Yarbrough, and Louis N. Stivers, all of Pawhuska, Okl., and L. H. Taylor, of Skiatook, Okl., for appellees.

Before COTTERAL, PHILLIPS, and McDERMOTT, Circuit Judges.

McDERMOTT, Circuit Judge.

A single but important question is presented: Does the "headright" of an Osage Indian of less than half-blood, with a certificate of competency, pass to his trustee in bankruptcy? Judge Kennamer, in this case, held it did not; Judge Vaught, of the Western District of Oklahoma, held it did not. In re Denison, 38 F.2d 662.

By sections 1 and 2 of the underlying Osage Act (Act of June 28, 1906, 34 Stat...

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