BAZE v. SCOTT

No. 1850.

106 F.2d 365 (1939)

BAZE v. SCOTT et al.

Circuit Court of Appeals, Tenth Circuit.

August 22, 1939.


Attorney(s) appearing for the Case

R. M. Mountcastle and Forrester Brewster, both of Muskogee, Okl. (Earl G. Anthis, of Muskogee, Okl., on the brief), for appellant.

W. F. Semple, of Tulsa, Okl. (A. H. Ferguson, of Durant, Okl., on the brief), for Lonie Scott.

William R. Sherwood, Atty., Dept. of Justice, of Washington, D. C. (Charles E. Collett, Acting Asst. Atty. Gen., Cleon A. Summers, U. S. Atty., and Charles N. Champion, Asst. U. S. Atty., both of Muskogee, Okl., C. W. Leaphart, Sp. Asst. to Atty. Gen., and Norman MacDonald, Atty., Dept. of Justice, of Washington, D. C., on the brief), for the United States.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.


PHILLIPS, Circuit Judge.

Hickman Willis was a full-blood Mississippi Choctaw enrolled opposite Roll No. 165. A tract of land was allotted to him as his homestead and patent duly issued to him therefor. With the approval of the Secretary of the Interior he executed an oil and gas lease of the homestead. The lease was developed and oil and gas were produced therefrom in paying quantities during Hickman's lifetime. He died July 17, 1925, leaving surviving him as his...

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