Gilbert v. Gaines

This action was originally commenced bjr defendant in error, William Gaines, to recover an undivided one-half interest in TOO acres of land situated in Grady county, Okla. The land involved was the surplus allotment of Wesley Gaines, a full-blood Choctaw Indian. W'esley Gaines, the allottee, died in February, 1904, while a minor, intestate, unmarried and without issue, leaving surviving him as his sole heirs, Thomas Gaines, his father, and William and Israel Gaines, full brothers.

It is agreed that the land descended under the provisions of the laws of Arkansas then in force in the Indian…