SANCHO v. WHITNEY

SANCHO v. WHITNEY
1931 OK 202
5 P.2d 757
148 Okla. 259
Case Number: 19933
Decided: 04/28/1931
Supreme Court of Oklahoma

SANCHO et al.
v.
WHITNEY et al.

Appeal from District Court, Seminole County; George C. Crump, Judge.

Action by Bettie Sancho et al. against E, W. Whitney et al. Judgment for defendants, and plaintiffs appeal. Affirmed.

J. B. Campbell, Etha Lawrence, and J. Ralph Knight, for plaintiffs in error.
Biggers, Wilson & Aldridge, Warren, Miller & Crutcher, W. C. Wood, King & Delaney, and Ames, Cochran, Ames & Monnett, for defendants in error.

RILEY, J.

¶1 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 P. 611, except that the mother of the original allottee 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.