Garret v. Getzendaner

Opinion by

THREADGILL, C.

The plaintiffs in error. Phillip and Stella Garret were husband and wife; they married in 1905, when Stella was only about 14 years of age; they were Creek freedmen and, as such, each had 40 acres of land as an Indian homestead and 120 acres of surplus. Stella’s land was in Creek county and Phillip’s was in Okmulgee county. The land in controversy was the Indian 'homestead allotment of Phillip. At the time he selected it and allotted it, it was being used for pasture by the defendant Getzendaner, and in 1904, Phillip gave him a lease contract on it for five years.…