The Vinita weekly chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1905, 1904-02-04
ALTON TOWN LOT CASE
Judgment Rendered on an In.
structIOn from the Judge
"A Brief Story Is
Given Of The
Case.
FRIDAYS SESSION.

ly on and i'm some eases litigants are
answering "readyn but In some in
stances rather family.
The sickness of a witness put the
negro hog stealing case over to next
fall.
The matters Of general interest dis
posed OF since the opening yesterday
morning, are as follows;
VIM. Harwlck and Dan Davis: judg-
ment by default for possession OF prem
ises and damages 10 be assessed.
Farmers Il Merchants State Bank vs.
E.C.Eershberger; Judgment by default
for s2,093.45.
Death Of Frank S. Sharp, a member
OF this bar, suggested. Court appoints
as committee on resolutions G. B.
Denison, $. +. Parks, ID. II. Wilson,
Edgar Smith and Geo. Il. Mccullough.
Henry II. Boyd appointed guardian
OF Daisy Boyd.
! Account of Chas. A. Davidson for
the year 1908 approved. Earned, sl0,-
1925; expenses, $40, TO6.22; balance,
s57.03.
VIM. Martin approved guardian Of
Henry and Josephine Martin.
First National Bank Of Wagner VS.
Ed Lee; jury trial; Judgment for sl3037
Attachment ordered for stephen d.
10. Edwards, returnable forthwith.
Andy Tyner vs. W. II. Hall, Of AZ
ton; a suit for possession Of certain
lots bought al Cherokee lot sale by
| Tyner but on which Hall has erected
a house. Jury trial now IN progress.
Z. l.. Robard adludged a bankrupt.
Perry Lumber Co. Is Silas Clawson:
judgment by default for sl40.02.
A. S. Riggln vs. c. L. Lane; motion
sustained 70 require defendant to pro
duee prescription Defendant given
ten days 10 answer. This is a suit
brought for damages Ior death OF a
child by reason OF drug employed IN
lhlling prescription which was not
directed by the doctor.
MISCELLANEOUS LEGAL NOTES.
Two Of McAlester's heavy property
holders, John Lutzand james Fogarty.
are doing three or four months time
each. with two or three hundred dol
lars fine, for selling a little whisky on
the sly.
Fan Tins saved the neck Of Eugene
Stumbaugh In Judge Clayton's court
a year ago, by his testimony in muir
der case. lie has just got four years
for puriury as reward.
4 somewhat peculiar case involving
commercial law has just been tried At
Muskogee. simmons drew Il si25
check, payable to bearer, 70 enclose in
a land bid. The defect was called 20
his notice and the bank gave him a
cheek with the name Of the proper
payee filled IN. This check was put IN
the bid and tile first one lost. II was
found hy a negro and rendered az a
store IN payment for goods. The mer-
chant teiephoncd the hank to know #
II was good and received an Affirmative
reply, 20 accepted II. Simmons dis
covered his loss and ordered payment
stopped Tie negro was arrested aud
indicted but had spent the money,
/ The bank. on simmons order, refused
TO pay the check. The merchant sued
the bank and simmons jointly, and as
to the bank the commissioner dis.
missed at ones, but the liability Of
Simmons Is In question.
SATURDAYS SESSION.
The Alton town lot case wos decld-
ed IN court last evening IN accordance
With an instruction from tie court IN
favor Of VI II. Hall. The case was
substantially this; Andy Tyner bought
a lot from the Cherokee nation some
years ago. Hall built home on Il hy
mistake, believing Ii was his lot, which
proved 70 b. The one adjoining. The
government cut the lot In two and II
was appraised 70 hall because he was
n possession and contest was slled
but has not yet been heard. Tyner
sued for possession All tile parties
were Cherokee citizens. II developed
IN the trial that Tyner had never
mada 80 worth Of improvements as
Cherokee law provided. Il was the
possession and right to possession.
clause which seemed 70 BE- the courts
judgment.
Should the Cherokee T0wnsite com.
mission decide adversely 10 the court
The presumption Is that mandamus
proceeding would b brought % com.