Starr v. Lowery

This action was commenced by the plaintiff in error for the recovery of certain .lands located in Muskogee county, Okla., and involving a portion of the homestead and surplus allotments of plaintiff in error. The defendant in error filed an answer alleging ownership of the lands by reason of a warranty deed executed to him by the plaintiff in error, dated December 5, 1908. At the time of the execution of this deed, the homestead allotment of Henry Starr was restricted and inalienable, hut the surplus Portion of his allotment was not restricted and was subject to alienation. The trial court…