Roe v. Anco Oil Co.

1923 OK 710, 219 P. 921, 96 Okla. 87, 1923 Okla. LEXIS 212

• Court: Supreme Court of Oklahoma
• Decided: September 25, 1923
• Docket: 12729
• Status: Published

Opinion

KENNAMER, J.

This case involves the allotment of Elijah Roe, a freedman citi zen of the Creek Nation, who died in July, 1911, intestate, unmarried, and without issue, leaving his father, Marshal] Roe, enrolled as a Seminole freedman, brothers and sisters enrolled as Creek freedmen, and a niece, a child of a sister of the deceased. The defendants in the case claimed an interest in the land under conveyances from the father of the deceased allottee. It is contended by the plaintiff in error that the father did not inherit the land allotted by the deceased allottee. Under the rule announced by this court in the following-cases: In re Estate of Robert Pigeon, 81 Okla. 180, 198 Pac. 309; Teague v. Smith, 85 Okla. 12, 204 Pac. 439; Harrison v. Harrison, 87 Okla. 91, 209 Pac. 737: Murray v. Goad, 88 Okla. 300, 213 Pac. 73: Jackson v. McKay, 89 Okla. 119, 213 Pac. 876, the father of Elijah Roe inherited the allotment.

This case is also controlled by the rule announced in case No. 11851, Edmond McKay v. Mattie Roe, a minor, in which an opinion has this day been filed, 96 Okla. 87, 219 Pac. 921.

For the reasons stated the judgment of the trial court is affirmed.

JOHNSON, C. J., and NICHOLSON, COCHRAN, and MASON, JJ., concur.