Neal v. Travelers Ins. Co.

On Rehearing.

On rehearing I find myself unable to concur in the conclusion of my associates. The question is of sufficient magnitude to warrant an expression of individual views.

The case involves a collateral attack upon the judgment of a court of general jurisdiction, holding valid a conveyance of restricted Indian lands. The judgment was rendered in 1931 by the district court of Pittsburg county. No appeal was taken and it became final.

We now in another and different action hold that that judgment was void because the court misapprehended the facts or erroneously applied the law to the…