ALLEN v. GARNETT

No. 1698.

100 F.2d 555 (1938)

ALLEN et al. v. GARNETT et al.

Circuit Court of Appeals, Tenth Circuit.

December 22, 1938.


Attorney(s) appearing for the Case

Preston S. Davis, of Tulsa, Okl., J. T. Johnson, of Nowata, Okl., and Walter S. Keith, of Coffeyville, Kan., for appellants.

John F. Pendleton and J. Wood Glass, both of Nowata, Okl., for appellees.

Before LEWIS, PHILLIPS, and BRATTON, Circuit Judges.


BRATTON, Circuit Judge.

The surviving widow and surviving children of Jesse K. Allen, deceased, a Cherokee Indian, filed their bill in equity to cancel and annul certain deeds of record, to remove cloud, and to quiet title to 130 acres of land in Nowata County, Oklahoma, being the land allotted to the deceased. By answer, certain defendants pleaded a decree of the district court of Nowata County as res judicata, and the statute of limitations.

When the cause...

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