Barnett v. Newcomer

The question presented is whether a certain tract of land situated in McIntosh County, owned by George Barnett, Jr., a full-blood unenrolled Creek Indian, and here plaintiff-in error, was subject to levy on execution to satisfy a judgment against him in favor of J. H. Newcomer, defendant in error.

This appeal is from the judgment of the district court confirming proceedings resulting in a sheriff’s sale of the land on execution. It is agreed that if the land was free of restrictions the judgment was correct. The pertinent facts are incorporated in the record by stipulation.

The tract involved…