UNITED STATES v. LEE

No. 1862.

108 F.2d 936 (1939)

UNITED STATES v. LEE et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 6, 1940.


Attorney(s) appearing for the Case

Charles N. Champion, Asst. U. S. Atty., of Muskogee, Okl., and Norman McDonald, Atty., Department of Justice, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., Cleon A. Summers, U. S. Atty., of Muskogee, Okl., C. W. Leaphart, Sp. Asst. to Atty. Gen., Thomas Harris and Frederick W. Whiteside, Attys., Department of Justice, both of Washington, D. C., W. F. Semple, of Tulsa, Okl., A. H. Ferguson, of Durant, Okl., and Tom Finney, of Idabel, Okl., on the brief), for appellant.

H. A. Ledbetter and Guy H. Sigler, both of Ardmore, Okl. (H. E. Ledbetter and P. M. Jackson, both of Ardmore, Okl., on the brief), for appellees.

Before LEWIS, BRATTON, and HUXMAN, Circuit Judges.


BRATTON, Circuit Judge.

The appeal in this case presents for determination conflicting claims to certain land, and to the proceeds of royalties accruing under two oil and gas leases. Eliza Stechi, a full-blood enrolled Choctaw Indian, received a homestead allotment of land, a part of which was situated in Carter County, Oklahoma, and a surplus allotment, all of which was situated in that county. The allottee died intestate in 1918, seized and possessed of such land...

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