Townsend v. First Nat. Bank & Trust Co.

PHILLIPS, Circuit Judge.

Eastman Richard1 was an enrolled full-blood Creek Indian owning both his individual allotment and allotments he had inherited. Oil production from these allotments resulted in royalty payments under oil and gas leases accumulating to Richard’s credit in the Union Agency at Muskogee, Oklahoma. Richard was an adult and competent.

In 1919, an action was brought against Richard in the District Court of Muskogee County, Oklahoma, seeking damages for alleged alienation of affections. A verdict was returned against Richard for $2,-000. From an order granting the plaintiff in…