Garrett Company v. Collins

Opinion by

PINKHAM, C.

This was an action instituted by the plaintiffs in error. Garrett Company and Geraldine McClung, as plaintiffs, against the defendant in error, H. O. Collins, as defendant, for the piupv.se of partitioning certain real estate, and for the recovery of a four-ninths interest in 142 acres of the allotment of Sarah A. Doyle, deceased, a full-blood Creek citizen.

The cause was tried upon an agreed statement of facts, which is, substantially, as follows:

That the land involved in this controversy was the homestead allotment and a part of the surplus allotment of Sarah A. Doyle,…