Cox v. Colbert

BENNETT, C.

Ben Pershiea, an enrolled full-blood Chickasaw Indian, died intestate and unmarried in August, 1924, in Marshall county, Okla. He owned, at the time of his death, 280 acres of land, which constituted his surplus and homestead allotments, for which he held patents. He left surviving him three living children, Fred Pershiea, MeLane Pershiea, and Joanna Mule, now Norton. He had another son, Jeff Colbert, who died in 1903, and Mary Colbert, the plaintiff below, defendant in error here, claims that she is the daughter and only issue of Jeff Colbert, and that upon his death she became,…