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UNITED STATES v. WATASHE

No. 1743.

102 F.2d 428 (1939)

UNITED STATES v. WATASHE et al.

Circuit Court of Appeals, Tenth Circuit.

March 13, 1939.

Attorney(s) appearing for the Case

William H. Churchwell, Atty. Dept. of Justice, of Washington, D. C. (Charles E. Collett, Acting Asst. Atty. Gen., Whitfield Y. Mauzy, U. S. Atty., and Chester A. Brewer, Asst. U. S. Atty., both of Tulsa, Okl., and Oscar A. Provost, Atty., Dept. of Justice, of Washington, D. C., on the brief), for the United States.

L. O. Lytle, of Sapulpa, Okl. (John R. Miller, Roy T. Wildman, and James J. Mars, all of Sapulpa, Okl., on the brief), for appellees.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

PHILLIPS, Circuit Judge.

On March 20, 1924, and October 10, 1925, the lands involved in this suit were purchased for Katie Watashe, a full-blood Creek Indian, with funds derived from royalties reserved in an oil and gas lease on her restricted allotment and held in trust by the Secretary of the Interior. The lands were conveyed to Katie by deeds, the habendum clauses of which contained the following provision:

"That...

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