Finley v. Abner
Court of Appeals for the Eighth Circuit
In Error to the United States Court of Appeals in the Indian Territory. This suit was brought in the United States Court for the Northern District of the Indian Territory by George W. Finley, Alfred F. Barnes, Estella Sta-ton, Mabel Staton, and Claudie Staton against Joseph Abner for the partition of a tract of land. The plaintiffs claim to be the owners of an undivided one-half of the property, and concede to the defendant the ownership of the remaining interest.
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In Error to the United States Court of Appeals in the Indian Territory. This suit was brought in the United States Court for the Northern District of the Indian Territory by George W. Finley, Alfred F. Barnes, Estella Sta-ton, Mabel Staton, and Claudie Staton against Joseph Abner for the partition of a tract of land. The plaintiffs claim to be the owners of an undivided one-half of the property, and concede to the defendant the ownership of the remaining interest. All of the parties claim title through one Edith Abner, to whom, as an Indian, the land had been allotted and patented by the…
1Opinion of the CourtFiook, Circuit Judge
If Joseph Abner, in respect of capacity to inherit from his deceased half-sister, sustained to her a relation equivalent to that of a brother of the full blood, the conclusion necessarily follows that under the laws of Kansas he takes the entire estate. In the matter of inheritance, a full brother or sister of an intestate takes precedence of uncles and cousins. The crucial question, therefore, is whether a- half-brother possesses the inheritable, quality of a brother of the full blood. The first clause of section 29 of the Kansas act concerning descents and distributions provides that…
2Cases cited11 opinions
- Gardner v. CollinsSupreme Court of the United States · 1829
- Rowley v. StrayMichigan Supreme Court · 1875
- Dob v. AbernathyIndiana Supreme Court · 1845
- Oglesby Coal Co. v. PascoIllinois Supreme Court · 1875
- Armington v. ArmingtonIndiana Supreme Court · 1867
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3Cited by2 opinions
- People v. ElliffSupreme Court of Colorado · 1923
- United States v. BowlingCourt of Appeals for the Eighth Circuit · 1919