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TOWNSEND v. FIRST NAT. BANK & TRUST CO.

No. 3297.

157 F.2d 852 (1946)

TOWNSEND et al. v. FIRST NAT. BANK & TRUST CO. et al.

Circuit Court of Appeals, Tenth Circuit.

November 5, 1946.

Attorney(s) appearing for the Case

Creekmore Wallace, of Oklahoma City, Okl. (Don Anderson and B. E. Harkey, both of Oklahoma City, Okl., and Roy White, of Eufaula, Okl., on the brief), for appellants.

C. P. Gotwals, of Tulsa, Okl., and James D. Gibson, of Muskogee, Okl. (Wm. A. Killey, of Muskogee, Okl., on the brief), for appellees.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

Eastman Richard1 was an enrolled full-blood Creek Indian owning both his individual allotment and allotments he had inherited. Oil production from these allotments resulted in royalty payments under oil and gas leases accumulating to Richard's credit in the Union Agency at Muskogee, Oklahoma. Richard was an adult and competent.

In 1919, an action was brought against Richard in the District Court of Muskogee...

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