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BOARD OF COUNTY COM'RS v. UNITED STATES

No. 3199.

152 F.2d 540 (1945)

BOARD OF COUNTY COM'RS OF MARSHALL COUNTY, Okl., et al. v. UNITED STATES.

Circuit Court of Appeals, Tenth Circuit.

December 20, 1945.

Attorney(s) appearing for the Case

Reuel W. Little, of Madill, Okl. (O. C. Barnes, Co. Atty., Marshall County, Oklahoma, and Jack H. Smith, both of Madill, Okl., on the brief), for appellants.

John C. Harrington, Atty., Dept. of Justice, of Washington, D. C. (J. Edward Williams, Acting Head, Lands Division, Dept. of Justice, of Washington, D. C., Cleon A. Summers, U. S. Atty., and J. W. Crawford, Asst. U. S. Atty., both of Muskogee, Okl., and Roger P. Marquis, Atty., Dept. of Justice, of Washington, D. C., on the brief), for the United States.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

Houston Ward, a full-blood Chickasaw Indian, Roll No. 2922, received an allotment of 224.25 acres of land in Marshall County, Oklahoma. Of this, 94.25 acres constituted his homestead allotment and 130 acres his surplus allotment. Prior to 1928, he had sold 120 acres of the surplus with the approval of the Secretary of the Interior. Thus, when the Act of May 10, 1928, 45 Stat. 495, became effective, Ward held title to 94.25 acres, his homestead...

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