33 P.2d 799 | Okla. | 1934
This is the second time the parties to this controversy have presented to this court the question: Can the children born as a result of a void marriage or purported marriage between a negro woman and a white (Indian) man be treated in law as the legitimate offspring of the white (Indian) man?
This question was answered in the affirmative by the first decision of this court. In re Atkins' Estate, also styled Atkins et al. v. Rust et al.,
The decision of this court in Re Atkins' Estate. supra, will be followed in the case at bar, the syllabus adopted by the court in that case will be adopted herein, and the judgment of the trial court, which is in accord therewith, is hereby affirmed.
CULLISON, V. C. J., and SWINDALL, ANDREWS, OSBORN, and BAYLESS, JJ., concur. RILEY, C. J., and McNEILL, J., dissent.