Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1898-08-25
DELAWARES BRING SUIT.
Complaint at Law Filed by Attorney
for Plaintiff.

for Plaintiff.
Walter S. Logan, attorney for
the Delawares in their suit for 49,
600 acres of Cherokee land, out
side of a proportionate share, has
fled his petition or complaint at
law in the court of claims at Wash
ington. After alleging extrava-
gance and a great many other
things, the prayer concludes:
Wherefore, your petitioners de-
mand judgment against the said
Cherokee nation as follows:
l. That the right of your petit
TONERS, the said Delaware Indians
as tribe and individually, in and
TO the lands and funds OF the said
Cherokee nation under their con-
tract and agreement with the said
Cherokee nation, dated April 3,
1867, and hereinbefore set forth,
may be fully determined, defined
and adjudicated by this court.
2. That this court shall deter
mine and adjudge that the said
Delaware Indians are entitled to
the 157 600 acres of land purchas-
ed and paid for by them by virtue,
and in pursuance of the agreement
hereinbefore set forth between the
said Cherokees and the said Della
wares, dated s, 1867, and thereaf-
ter selected by them as aforesaid
and to own and hold the same in.
fee simple to them and to their
heirs and assigns forever.
3. That it be adjudged and de-
creed that it is the right and duty
OF the said Cherokee nation to con-
vey, by good and sufficient deed
with apt words to vest the grantee
with a perfect and indefeasible
estate in fee simple, TO the said
Delaware Indians residing in the
Cherokee nation the said 157, 600
acres of land sold by the said Cher
okee nation to the said Delaware
Indians as aforesaid, and so paid
for as aforesaid by the said Della
ware Indians in accordance with
the provisions of the said contract
of sale hereinbefore set forth.
That said conveyance be made to
such of the 9S5 Delaware Indians
whose names are contained upon
the register aforesaid as are now
living and to the heirs at law of
such as are since deceased.
4. That this court shall deter
mine and adjudge that the said
Delaware Indians are entitled to
share in the remaining lands of
the Cherokee nation other than
the $4,000 acres purchased and
paid for by the said Delawares
as aforesaid, and in the Cherokee
national fund, equally with every
individual lawfully and properly
belonging to said Cherokee nation,
and that none but such persons
lawfully and properly belonging
to such Cherokee nation are enti-
tied to share in such division of
such lands and funds, and that
this court shall determine and
adjudge how many and what indi-
yiduals are entitled to share in
such division and how large pro-
portion of such lands and funds
shall be allotted and paid over TO
your petitioners, the said Della
wares.
D. That the said Cherokee ma
tion shall account for the said ma
tional fund of said Cherokees and
for all expenditures that have been
made therefrom, and that this
court shall determine how much
such fund does or should amount
to, and, if it shall be found that
payments have been made there
from improperly or TO persons not
entitled to receive the same or to
share therein, that such payments
shall be disallowed, and that no
part thereof shall be charged
against the shares of the said
Delawares but that the whole
thereof shall be charged against
the members of the said Cherokee
nation other than the said Della
wares and that the said Delawares
shall receive the same amount,
share and proportion thereof that
they would have received had no
payments been unlawfully or i'm
properly made therefrom.
6. That this court shall adiudi-
cate and determine that the said
Delawares are entitled to receive
the same share and proportion in