Opinion
No. 18180
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 Lista Lowman et al. and A. M. Sharp et al. From the judgment the former bring error. Affirmed.
Cicero I. Murray and Rittenhouse, Lee, Webster, Rittenhouse, for plaintiffs in error.
J. C. Counts, for Deming Investment Company.
Bridges, Vertrees Ivy, for defendants 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.