Kelly v. McRay

Opinion by

JONES, C.

This suit was instituted by the appellants, as plaintiffs, against appellee, as defendant, in the district court of McIntosh county, to. recover certain land, being the allotment of a full-blood citizen of the Creek Nation, who died in-•estat-e and unmarried, leaving surviving him no descendents, father or mother, but only Mandy Mitchell, a maternal half sister, Wiley Coonhead, a maternal half-brother, and the plaintiffs, appellants here, Sam Kelly and Wadley Kelly, paternal half-brothers. It is agreed that the descent is cast under the' Ireek law, and the only questions…