Supreme Court of Oklahoma, 1931

Sancho v. Whitney

Sancho v. Whitney
Supreme Court of Oklahoma · Decided April 28, 1931 · Riley, Lester, Hefner, Culu-Son, Swindall, Andrews, McNeill, Kornegay, Clark
5 P.2d 758; 148 Okla. 259; 1931 OK 202; 1931 Okla. LEXIS 872 (Pacific Reporter, Second Series)

Sancho v. Whitney

Opinion of the Court

RILEY,, J.

Substantially the same facts are pleaded in this case as in En-le-te-ke et al. v. W. A. Beasley et al., No. 19939, this day decided, 148 Okla. 255, 298 Pac. 611, except that the mother of the original al-lottee is still living. She claims an interest in the allotted lands of the allottee. From all the allegations of the petition it may be fairly inferred that she has conveyed whatever interest she.inherited as mother of the deceased allottee. This being true, she thereby conveyed the entire fee and there was nothing for her to inherit from the brother of the deceased allottee.

It follows from what we have held in the En-le-te-ke Case that the judgment in this case should be, and the same is hereby affirmed.

LESTER. C. J., and HEFNER, CULU-SON, SWINDALL, ANDREWS, McNEILL, and KORNEGAY, JJ., concur. CLARK, V. C. J., not participating.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.