UNITED STATES v. HELLARD

No. 2703.

138 F.2d 985 (1943)

UNITED STATES v. HELLARD.

Circuit Court of Appeals, Tenth Circuit.

October 29, 1943.


Attorney(s) appearing for the Case

Marvin J. Sonosky, Atty., Department of Justice, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., Whitfield Y. Mauzy, U. S. Atty., of Tulsa, Okl., and Norman MacDonald, Atty., Department of Justice, of Washington, D. C., on the brief), for appellant.

George H. Jennings, of Sapulpa, Okl., for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.


BRATTON, Circuit Judge.

The question presented is whether the full-blood Creek Indian owners of a tract of restricted and tax-exempt land in Oklahoma were divested of title by a sale in partition in an action in the state court to which the United States was not a party.

The land was allotted to an enrolled Creek Indian of the full blood, and it was subsequently selected and certified as tax-exempt under the provisions of section 4 of the Act of May 10, 1928...

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