Carter v. McCasland

MASON, V. C. J.

The cross-petitioner in error, W. J. Monahan, as plaintiff, commenced this action against the other parties herein to recover the possession or rental value of certain described lands for the year 1924.

The pleadings of all the parties and the undisputed evidence disclose that said lands were a part of the original allotment of Mimie Wilson, a full-blood Choctaw Indian; that said Mimie Wilson died in 1909, leaving Tecums'eh Wade, a minor child, born since March 4, 1906, and other heirs; that the same was a homestead allotment and was restricted to the benefit and use of said…