Kelley v. New State Land Co.

Opinion by

JARMAN, C.

This suit was instituted by Robert Kelley and his wife, Sukie Kelley, to recover possession of and to quiet title to the homestead and surplus portions of the allotments received by Wiley Kelley and John Kelley, drily enrolled full-blood Creek Indians. Wiley Kelley died intestate January 12, 1904, leaving surviving as his sole heir at law, John Kelley, who inherited the allotment of said Wiley Kelley, and, on January 17, 1904, John Kelley died intestate, not having any children born since May 25, 1901, and leaving surviving, Robert Kelley, the plaintiff, a duly enrolled…