American Surety Co. of New York v. United States

PHILLIPS, Circuit Judge.

The United States brought this suit against Andrew P. Gunther and the American Surety Company of New York 1 to recover royalties due under a lease on certain coal lands of the Choctaw and Chickasaw Indian Tribes situated in Le Flore County, Oklahoma.

The land covered by the lease was set aside by the Atoka Agreement, Act of June 28, 1898, 30 Stat. 495, 505, as the common property of the members of the Choctaw and Chickasaw Tribes. Pursuant to the Act of March 4, 1913, 37 Stat. 1007, and-the rules'and regulations prescribed by the Secretary of the Interior thereunder,…