McGirt v. Burns

Opinion by

SHACKELFORD, O.

The appellants will be referred to herein as plaintiffs, and the appellees as defendants. The plaintiffs present several assignments of er-rolr for reversal of the judgment of the trial eou,rt. The argument is presented under several propositions, stated in the brief of plaintiffs. It seems, however, that there is but one question to examine to properly dispose of the plaintiffs’ appeal.

There is no doubt that the homestead portion ci the deceased Indian’s allotment was absolutely inalienable, since there had been no removal of restrictions by the Secretary of the…