Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1895-10-31
relating to the Indian Territory. |
quote from that section:


dian nation) to the payment of judgments
may be by petition of which the judgment
debtor shall have notice as i'm the original
suit. If ON the hearing the court shall be
satisfied from the evidence that the judg-
ment debtor is the owner of improvements on
real estate subject to the payment of said
Judgment the court may order the same sold
and the proceeds or much thereof as may
be necessary to satisfy said judgment and
costs applied to the payment of said judg-
ment.
Such order for sale OF improve
ments can only be made in cases
wherein attachments are provided
for, So far as the section to which
have referred provides. But the
right OF congress to subject i'm
provements on lands in an Indian
nation to sale for the payment of
debts is clear y stated and recog-
nized and should there be any con-
flict between the laws of the Unit
ed States and those of the Cherokee
nation the laws of the United
States must prevail. OF course in
all such sales citizens of the ma
ton only would have right to pur-
chase the improvements. But it
is important in this connection to
note the fact that congress has
given its opinion in this act to the
effect that all such improvements
are personal property, and are
subject to sale or execution as
such.
AS stated heretofore, the aues-
tion now before the court, is not
one of distribution but one of ad-
ministration, and being a question
of administration | am of the opin-
ion that the administrative should
schedule all Improvements on
lands which were in the possess
sion of the deceased at the time of
his death, and account the court
for their value and for the rents
and profits accruing from the same.
Having thus stated the conclu.
sion of law to which 7 have ar
rived it will be necessary to refer
the report of the special master
back to him with instructions to
ascertain all improvements not re.
ported upon in his first report, and
the value thereof, and all rents
and profits which have accrued |
from the same since the death of |
the intestate or were uncollected |
at that time. The special com
missioner will also ascertain
whether the item of 81, 900 which
he charged against the admins
tratrix was the result of a mistake
in her accounts and whether she
had not already accounted for that
amount instead of the 81 go which
appeared in the body of her re-
port. He is also instructed to re-
port more specifically upon the
value of the services rendered by
Jefferson Hayes, brother, and |
Oscar Hayes, son of the deceased,
and report whether their services
were required as clerks or
employees in managing the
stocks of goods in question, and if
he should find that their services
were so required and that they
were not employed to attend to
matters merely of administration
he will make "A proper recommend
alton for their compensation, or af-
firm the recommendation already
made by him. Upon the question
of attorneys fees for attorneys en-
ployed by the Administrative | am
in some doubt as to whether the
services to which reference was
made in the special commission
er's report, can under Section DOB
of Mansfield's Digest be a charge
upon the estate. But as this es-
tate is very large and as there was
large amount of Indebtedness,
and as there were many compli-
Gated questions which it was evil
IDENTIFY impossible tor the admin
istratrix to solve and adjust with
out the aid of counsel, | am of the
opinion that counsel fe should be
allowed, but express no opinion at
this time as TO the amount which
the administrative should expend
for this purpose and charge to the
estate. Whatever has been paid
out by her for this purpose may
remain as an unadjusted account
until her settlement, when the
court can decide, before any dis
tribution takes place to the per-
sons, by whom the charges for at
torney's fees incurred by the ad-
ministratrix and those incurred by
the petitioner in this case and
which may be incurred her eafter,
should be borne.
1t appears from the report of
the special commissioner that the
Administrative loaned the estate
about SIC, 600, and that of this sum
five thousand dollars was used for
the purpose of paying a debt
against the estate which was draw
ing ten per cent interest. She
therefore charged the estate ten
per cent interest upon this amount
of $1,000, which she advanced
until it was repaid by the sale of
property. | am of the opinion
that as she advanced this money
for the benefit of the estate in
which she herself was interested
and her own children as we'll, and
that as she could not contract with
herself as TO the interest which
she should receive she is entitled
only TO that rate of interest which
money draws when no interest is
agreed upon. which is six per cent
per annum. The recommendation
of the commissioner in this matter
is approved and in all other mat
tiers, except as otherwise indicated
in this opinion.
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