Rose v. Howard

TURNAGE, Chief Judge.

This is a suit for specific performance of an agreement to assign Indian headrights. The trial court declined to order specific performance.

The contention now made is that the agreement should have been specifically performed because it was supported by a valuable consideration. Affirmed.

This suit was instituted by Joannie Barclay Grant Rose, Timothy Hall Dunn, and Mary Ann Dunn Thorngate against the executor of the estate of Joseph E. Schuetz. Joannie, Timothy, and Mary Ann are grandchildren of Dora Dunn Schuetz. Dora, an Osage Indian of ⅝ blood, was married first to Dr.…