Killam v. Gritts

Opinion by

LOGSDON, C.

Four errors are assigned but only one proposition is discussed in the briefs, and that is whether the evidence was sufficient to establish the minority of the allottee on September 23, 1919, the date of the deed from the allottee to the defendant.

Plaintiff, having alleged the minority of the allottee at the date of the execution of the deed which she sought to have canceled, the burden rested upon her to establish such fact. Freeman v. First Nat. Bank, 44 Okla. 146, 143 Pac. 1165; Rice v. Ruble, 39 Okla. 51, 134 Pac. 49.

To sustain the burden thus resting upon her,…