Holmes v. Nelson

GTBSON. J.

This is an action in ejectment commenced in the district court of Grady county by Lewis Armstrong, guardian of Theodore Roosevelt Nelson, an alleged minor, a full-blood Choctaw Indian, against A. A. Holmes and others. From a judgment in favor of the plaintiff below, the defendant Holmes has appealed. The parties are designated herein as they appeared at the trial.

The land involved is an inherited homestead allotment of a restricted Indian and therefore subject to the acts of Congress relating to the alienation and leasing of such lands (Oklahoma Enabling Act).

Defendant pleaded an…