Kilpatrick v. James

BUSBY. J.

This action was commenced in the district court of Latimer county, Okla.. on January 2, 1924, by Garnet A. Kilpatrick to foreclose a mortgage covering the undivided three-fifths interest of certain Indian minors in and to certain lands located in Latimer county, against certain other defendants, whose interests in the case have since been settled, and against C. R. Hunt. Eor the purposes of this opinion only the interests of Kilpatrick and Hunt are necessary to be considered. The parties will be referred to as they appeared in the trial court.

Plaintiff Kilpatrick alleged that in…