United States v. Hellard

BRATTON, Circuit Judge.

The question presented is whether the full-blood Creek Indian owners of a tract of restricted and tax-exempt land in Oklahoma were divested of title by a sale ini partition in an action in the state court to which the United States was not a party.

The land was allotted to an enrolled' Creek Indian of the full blood, and it was-subsequently selected and certified as tax-exempt under the provisions of section 4 of the Act of May 10, 1928, 45 Stat. 495. The allottee died intestate in 1938, and the land descended in equal shares to her son, grandson, and great…