Nellie Atkins ARMSTRONG, Plaintiff-Appellant,
v.
MAPLE LEAF APARTMENTS, LTD., a Limited Partnership, Broken Arrow Mall, Inc., a corporation, Owen D. Young and Robert L. Latch, d/b/a Young & Latch Investments, a General Partnership, Firsttul Mortgage Company, a corporation, Sackman-Gilliland Corporation, a corporation, First National Bank & Trust Company of Tulsa, Oklahoma, a National Banking Association, Hamilton Investment Trust, a Massachusetts Business Trust, Abercrombie, Pedigo & Smith, Inc., and H. Harold Becko, Defendants-Appellees,
Ruskin F. Armstrong, husband of Nellie Atkins Armstrong, Manuel Brown, and C. A. Whitebook, Third Party Defendants-Appellees,
Creek Nation of Oklahoma, United States of America, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Argued August 7, 1978.
Decided May 17, 1979.
Rehearing Denied May 15, 1980.
Attorney(s) appearing for the Case
Jay C. Baker, of Baker, Baker & Martin, Tulsa, Okl. (C. Rabon Martin, Tulsa, Okl., with him on the brief), for appellant.
William B. Jones, of Jones, Givens, Brett, Gotcher, Doyle & Bogan, Tulsa, Okl. (Philip J. Eller, Tulsa, Okl., with him on the brief), for appellees, Maple Leaf Apartments, Ltd., Broken Arrow Mall, Inc., Owen D. Young and Robert L. Latch, d/b/a Young & Latch Investments, Hamilton Investment Trust, and H. Harold Becko.
Douglas L. Inhofe, of Conner, Winters, Ballaine, Barry & McGowen, Tulsa, Okl. (Royce H. Savage, Tulsa, Okl., with him on the brief), for appellees, Firsttul Mortgage Co., Sackman-Gilliland Corp., and The First National Bank & Trust Co. of Tulsa, Oklahoma.
Robert H. Tips and Theodore P. Gibson, of Farmer, Woolsey, Tips & Gibson Incorporated, Tulsa, Okl., on the brief for appellee, Abercrombie, Pedigo & Smith, Inc.
Philip W. Perryman, Tulsa, Okl. (John H. Charloe, Tulsa, Okl., on the brief), for amicus curiae, Creek Nation of Oklahoma.
James W. Moorman, Asst. Atty. Gen., Jacques B. Gelin, and Robert L. Klarquist, Attys., Dept. of Justice, Washington, D. C., on the brief for amicus curiae, United States.
Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
SETH, Chief Judge.
This is an action to quiet title and to cancel deeds brought by the plaintiff who alleges that she is a Creek Indian of the half blood; that she conveyed the tract of land in question by warranty deed to H. Harold Becko in December 1965; and that this deed was not approved by a County Court of Oklahoma as required by the Act of Congress of August 4, 1947 (61 Stat. 731).
The trial court found for the defendants who were the subsequent grantors...
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