The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-02-19

Beck Versus Joslin.
rhe case of Amanda Beck at al VS.
Winnie Josliu. an appeal from the
u,esfern district of the Indian Terri
torv courts. which involves an eject
ment action instituted by the plai'l-
I'M AGAINST the defendant.
The decision was reversed IA an
on{nion bv chief Justice Williams,
,,itb Instructions to the lower court
TO proceed with the opinion OF ths
court
THE syllabus follows; . 4. ...f
When townsits commissioners, Ny
virtue OF an act OF congress-. othef
wise known as the Suppieihsl's'l
Crock Aqrccmeuin where there rs no
conflict as 60 the Facts, pht 2 i,,l7
construction OF TIE law as appiied
20 th1 facts. schedule q ipt 20 q p"''s
,Vbo is not entitled 20 same under lhe
law. after title has passed 70 7 pri
vafe Marty. courts Os equity VIII il-
duire as so whether or not sheh 't'.a
shall he held as trustee Tor lh't parry
really entitled TO same
Bank OF Paula Valley
Aaeoe,ate Justice Turner la an
aplnion ia the case Of Jennie l'e WI
llams vs.. First National bahk o'
pauls Valley, decision ct the lower
court was aiiirmed, ,.
on June 20 1904, the First Nali9'-
al Bank plaintiffs IN the ease hN'
suit against the defendants Wh9 ap
pear as plantiifs 10 the case % re'oF-
en- s. 600 due on q promisaQig mute
Judgment was rendered by the loWet
court in the sum of f7,1Az
syllabus by the court follows
A complaint which staies that
at the time of ths execution OF the
ll,,se sued on. "A contest was pending
before the commission 70 the Flfe
civilized Tribes between The payof
ana the payee to determine which one
of them had n right TO take in ailot
ment certain tract of land, ana
mat the consideration Of said note
was the abandoning of said contest
nv the Dayee who was contestant ahd
permitling one of the payers. who %df
was contestes. TO tile thereon atd
take the same as her allotment
which was done, and the same there
by became her separate property
does not state a contract yoia TOR ~
legality and "a demurrer thereto was
property toyeTpled-
3. complaint which states that
al tho time OF the execution oi lhe
note sued on. a contest WAS pendlna
before the commission 70 the fife
Civilized Tribes between the payof
and the payee 20 determine which one
all Them mad a right TO iake in allot
nett certain tract Of land and
that the consideration Of said note
WINS the abandoning Of said contest
bv the payec. who was contestant ahd
permiitng one the payers VINO was
conlestse. to file thereoE and take the
same as her allotment "hich Naa
done. and the same thereby became
hef separate property, states the COM
niomise OF a disputed claim snihcient
as "A consideration, 20 support an eA-
Dress promise 10 pay and demurrer
thereto upon the ground that u iailed
10 state a sufficient consideration for
the note sued on was properly over
ruled
3. An answer which states that the
'B0ie and oils consideration of the
note sped on WAS the Illegal sale ot
certain lands M the ChickasaW Nation
bg The payee 10 one of the patpfs.
and the exhibit filed as part there
or and alleged 10 BE- a copy of said
payoe only Intended thereby 70 bar.
leain. sel' and convey and reilnuuish
lall my right iIile or claim which !
Ihate ln al, way ln pnd lo lhe pa