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McELROY v. PEGG

No. 3561.

167 F.2d 668 (1948)

McELROY v. PEGG et al.

Circuit Court of Appeals, Tenth Circuit.

April 19, 1948.

Attorney(s) appearing for the Case

Carloss Wadlington, of Ada, Okla. (Turner M. King, of Ada, Okla., on the brief), for appellant.

A. W. Trice, of Ada, Okla. (Orel Busby, L. H. Harrell, C. L. McArthur, Hobert G. Orton, Thomas P. Holt, Warren B. Kice, and Vernon Roberts, all of Ada, Okla., on the brief), for appellees.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

Mattie McElroy, nee Harjo, brought this action to quiet the title to a tract of land containing nine acres, situated in Pontotoc County, Oklahoma, and to recover the possession of that portion of such land not in the possession of McElroy.

On October 20, 1919, N. B. Haney, Jr., and Carrie M. Haney, his wife, conveyed a ten-acre tract of land to Lucy Harjo by a Carney-Lachey form of deed. The land was purchased with restricted funds...

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