Opinion
No. 18181
Opinion Filed March 19, 1929. Rehearing Denied July 16, 1929.
(Syllabus.)
Descent and Distribution — Devolution of Indian Allotment.
The judgment of the trial court is affirmed upon authority of Levina Cooper, nee Perry, v. Spiro State Bank, No. 18265 decided by this court April 10, 1928, 137 Okla. 265, 278 P. 648.
Error from District Court, Jefferson County; M. W. Pugh, Judge.
Action between Annie Watson and Fred R. Ellis. From the judgment, the former brings error. Affirmed.
Cicero I. Murray and Rittenhouse, Lee, Webster Rittenhouse, for plaintiff in error.
Fred R. Ellis, for defendant in error.
The identical question here involved was decided adversely to the contention of plaintiff in error herein in No. 17993, Anna Eva Jacobs, nee Carney, v. Sallie E. Ambrister et al., in an opinion by this court filed on the 17th day of April, 1928, 137 Okla. 227, 278 P. 653, following the rule announced in No. 18265, Levina Cooper, nee Perry, v. Spiro State Bank, 137 Okla. 265, 278 P. 648. Said cases are controlling here and decisive of the questions presented in this appeal.
It therefore follows that the judgment appealed from herein must be and the same is hereby affirmed.
LESTER, V. C. J., and CLARK, CULLISON, SWINDALL, and ANDREWS, JJ., concur.
RILEY, J., dissents.
HEFNER, J., not participating.
MASON, C. J., absent.