Lynde-Bowman-Darby Co. v. Brown
Supreme Court of Oklahoma
Appeal from the United States Court for the Western District of the Indian Territory, at Muslco.gee. The Lynde-Bowman-Darby Company filed its petition asking for a decree of distribution of the estate of Julia Brown, deceased.
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Appeal from the United States Court for the Western District of the Indian Territory, at Muslco.gee. The Lynde-Bowman-Darby Company filed its petition asking for a decree of distribution of the estate of Julia Brown, deceased. To this petition, Jonas Brown, executor and sole devisee of the will of Julia Brown, deceased, interposed a demurrer, which was sustained, and petitioner appealed to the Court of Appeals of the Indian Territory, whence the cause came to the Supreme Court of the state of Oklahoma, under the Enabling Act and Schedule of the Constitution.
1Opinion of the CourtKane, J.
The appellant herein, petitioner below, on the 21st day of August, 1906, filed its petition asking for a decree of distribution of the estate of Julia Brown, deceased, wherein it was alleged, in effect, that Julia Brown, deceased, was a duly enrolled citizen of the Creek Natioh, not of Indian blood; that on or about the 13th day of November, 1905, she died, seised of 40 acres of land in the Creek Nation, the same being that part of her allotment set apart to her as her homestead; that she left surviving her a husband, Jonas Brown, a noncitizen, and Sam Brown, an only child, born of a former…
2Cases cited2 opinions
- De Graffenreid v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- George v. RobbCourt Of Appeals Of Indian Territory · 1901
3Cited by3 opinions
- Wilson v. GreerSupreme Court of Oklahoma · 1915
- Blundell v. WallaceSupreme Court of Oklahoma · 1923
- Boxley v. ScottSupreme Court of Oklahoma · 1917