Marlin v. Lewallen

This case presents a controverted claim to an estate by the curtesy in lands allotted and patented to a Creek woman in the distribution of the tribal property. The district court of the county where the lands lay rejected the claim; but on appeal to the Supreme Court of the State the claim was upheld, three judges dissenting. 113 Okla. 259.

The lands were allotted and patented under two agreements between the United States and the Creek tribe which will be described later on. The allottee was a mar ried woman of Creek blood and was enrolled as a member of the tribe. Her husband was a white man…