Johnson v. Furchtbar

This suit was filed by the plaintiffs in error against defendants in error to recover 40 acres of land, being a portion of the allotment of Ellis Johnson, a Creek freedman. The petition alleged the sale of the land through the probate court of Okfuskee county, but alleged that the probate proceedings were void and insufficient to convey title to said land on account of numerous defects which were set out in the petition. An answer was filed by the defendants, and thereafter, on motion of defendants, judgment was rendered for the defendants on the pleadings.

This case is to be determined…