Carson v. French
Supreme Court of Oklahoma
Error from District Court, Nowata, County; T. L. Brown, Judge. A petition for the sale of a part of tbe allotment of David French, deceased, was filed in county court by Tbo-mas Carson, deceased. Protests of Wash French, administrator of the estate of David French, deceased, and others, against the granting of the order of sale, were sustained by both the county court and the district court on appeal, and petitioner brings error.
1Opinion of the CourtSharp, J.
The one question necessary to- a determination of the questions presented by this appeal is: Can the surplus allotment of a Cherokee freedman he subjected to- a judicial -sale for a debt contracted by the allottee before -the expiration of five years from the date of the ratification of the Cherokee Agreement (32 S-tat. -at L. 716), and after the passage of the-Act of Congress of April 21, 1904 (33 Stat. at L. 189).
On or about the 20th day of September, 1907, David French-died, leaving surviving him his two -adult sons, Wash and Eli. These sons thereafter sold to the pro-testants, J. A.…
2Cases cited11 opinions
- Starr v. Long JimSupreme Court of the United States · 1913
- In Re Davis' EstateSupreme Court of Oklahoma · 1912
- Thraves v. GreenleesSupreme Court of Oklahoma · 1914
- Mullen v. SimmonsSupreme Court of the United States · 1914
- Redwine v. AnsleySupreme Court of Oklahoma · 1912
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