State Ex Rel. Moore v. O'Bannon

I find no objection to the rules of law announced in the syllabus of the majority opinion, but, as I view it, the rules of law therein stated are not applicable to the facts in the instant case. Under the facts before us, I cannot concur in the conclusion arrived at in the majority opinion. The question is whether the plaintiff complied with the law in making service by publication upon the “unknown heirs” of Amster Sugar, deceased, a full-blood Creek Indian.

It is admitted that plaintiff prosecuted his action to determine heirship and to quiet title to land under sections 1386-1390, O. S.…