Stalcup v. Mullen

This is a controversy between the paternal and maternal heirs of Thomas Dudley Everidge, a minor Choctaw Indian, who died during the month of September, 1905, before receiving his allotment, leaving surviving him his father, Thomas W. Everidge, who was an enrolled Choctaw Indian, and his mother, Millie Ever-idge, who was not of Indian blood. The question is, after' the land was allotted, did the estate ascend equally to the father and mother, or did the whole estate ascend to the Indian father, to the exclusion of the white mother? The court below held that the estate ascended to the Indian…