180 P. 550 | Okla. | 1919
The plaintiff in error commenced this action on July 1, 1914, by filing a petition in the district court of Okfuskee county, Okla., claiming that she was the owner of and entitled to the possession of an undivided one-third interest in the southeast quarter of section 14. township 10 north, range 8 east; that said land was part of the lands allotted to Sarah King a full-blood citizen of the Creek Tribe of Indians, who was duly enrolled opposite No. 6173; that said Sarah King died on February 28, 1901, and that the patent covering said lands was issued to the heirs of the deceased on August 1, 1904. When this cause was tried in the court below, it was agreed by and between the parties that the evidence in this case would be the same evidence introduced in cases Nos. 1571 and 1573, and that each party reserved the right to introduce any additional testimony in cases Nos. 1571 and 1573 that was not introduced *255 in case No. 1570 (the instant case), but the testimony in No. 1570 is to apply to all three cases, and the court to consider the testimony taken in No. 1570 and apply it in Nos. 1571 and 1573.
It will be remembered that the case referred to in the agreed statement, No. 1570, is the instant case, No. 7,667, and No. 1571 is the same as No. 7666, the Supreme Court numbers. The land involved in case No. 7666, King v. Mitchell et al.,
This court having heretofore passed upon the last-named case, and the judgment of the trial court there affirmed, we see no reason why the opinion there rendered should not be followed in the instant case.
The judgment of the trial court is therefore affirmed.
All the Justices concur.