Barnett v. Prairie Oil & Gas Co.

STONE, Circuit Judge.

Annie Bird, a full-blood Creek, died intestate without issue in September, 1909, after receiving patent for her allotment of Creek lands. Her allotted lands were claimed by several persons of various degrees of kinship to her, among whom was her alleged husband, Jimmie Bird. This action involves the legality of the marriage of the allottee to Jimmie Bird, as controlling his right to share in such inheritance.

The case was here on a former appeal. Barnett v. Kunkle, 256 F. 644.

At the time allottee died, the descent of her property was governed by the law of Oklahoma.…