Schwabacher v. Jennings

Opinion by

THREADGILL, O.

The ques- lion involved in tins appeal is tlie right of the plaintiffs in error, who were plaintiffs in the trial court, to foreclose a real estate mortgage against the allotted lands of the Jennings minors, who were enrolled as l-64th Chickasaw Indians, and their lands, sold by the guardian and the mortgage given by the purchaser. The decisive question underlying this proposition, under the facts disclosed by the record, is whether or not unrestricted Indian minors (except minority) are concluded in an action to foreclose a mortgage on their lands given by the…