SHADE v. DOWNING

No. 3466.

167 F.2d 736 (1948)

SHADE v. DOWNING et al.

Circuit Court of Appeals, Tenth Circuit.

April 16, 1948.


Attorney(s) appearing for the Case

Kelly Brown, of Muskogee, Okl. (Bliss & Bliss, of Tahlequah, Okl., on the brief), for appellant.

Forrester Brewster, of Muskogee, Okla. (Henry L. Burris, of Pryor, Okla., on the brief), for appellees.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.


PHILLIPS, Circuit Judge.

A tract of land situated in Rogers County, Oklahoma, was allotted to Thompson Downing, a full-blood Cherokee Indian enrolled opposite Roll No. 14644. Thompson Downing and Sally Downing lived together as husband and wife until sometime after 1908, when Thompson Downing left Sally Downing. To the marriage between Thompson and Sally Downing three daughters were born, Lucy Downing, now Foster, Nancy Downing, now Taylor, and Polly Downing, now...

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