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JANEWAY v. ARTUSSE

No. 3381.

159 F.2d 261 (1947)

JANEWAY et al. v. ARTUSSE et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied February 10, 1947.

Attorney(s) appearing for the Case

E. C. Hopper, of Eufaula, Okl., for appellants.

Alvin O. West, of Washington, D. C. (David L. Bazelon, Asst. Atty. Gen., Cleon A. Summers, U. S. Atty., of Muskogee, Okl., and Roger P. Marquis, of Washington, D. C., on the brief), for appellee United States of America.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

Primarily, this was an action against the heirs of the deceased makers of a note and real estate mortgage given as security therefor, to foreclose the mortgage, to determine the heirs, and to quiet title to the real estate in question. The deceased makers of the note and mortgage and their defendant heirs were restricted Indians. That is material only to show why the action begun in the state court was removed to the federal court, and why the...

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