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SARKEYS v. PAYTE

No. 36001.

274 P.2d 539 (1954)

S.J. SARKEYS, plaintiff in error, v. Roy K. PAYTE, a 1/32nd Choctaw Indian, Roll No. 1320, on the Final Roll of Choctaw New Born; Board of County Commissioners of Coal County, Oklahoma; the County Treasurer of Coal County, Oklahoma; J.R. Greenlees; Newton B. Childs; H. H. Anderson; and L. A. Conner; if living, or, if dead, The Heirs, Executors, Administrators, Devisees, Trustees, or Assigns, if any, Known or Unknown immediate and Remote of Roy K. Payte, Choctaw New Born, Roll No. 1320; J. R. Greenlees; Newton B. Childs; H. H. Anderson and L. A. Conner, defendants in error.

Supreme Court of Oklahoma.

September 14, 1954.

Attorney(s) appearing for the Case

Harrell & Trice, Ada, for plaintiff in error.

T.K. Klinglesmith, Coalgate, and Claude V. Thompson, Ada, for defendant in error.

BLACKBIRD, Justice.

Plaintiff in error commenced this action as plaintiff July 15, 1952, against defendant in error as defendant, to quiet his title to 50 acres of land he claimed by virtue of a County Deed (of) Property Acquired At Re-Sale, executed November 8, 1940, and filed of record December 7, of that year. The parties will henceforth be referred to by their trial court designations. The land had been allotted to defendant as a Choctaw Indian. In his answer...

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