The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-04-15

9th N citizens except IN participation
in the annuities and final participa
tion IN the lands
On january 1907, the Iowa Land
& Trust company. a corporation, filed
It's complaint in equity in The Nnited
States Court in the Indian Territory
Western District, at Muskogec. against
said Robert y. d lBraffenreld. Creek
Land K Improvement Company and
Viola Brown Mathews, a sister, and
George Brown. the father of Casiella
Brown, deceased, o cancel their
deeds as "a cloud ON plaintiffs title
and to quiet the same, or for parti-
tion or sale as their respective in
tefests might appear Answers were
dled, defendants deGraaenreid and
Greek Land 4 Improvement Com
pany each relying on his deed afore-
said. and Viola Brown Mathews re-
lying on her right to inherit l-5 OF
the land as sister and heir of Cas-
tella Brown.
The case was tried by the Court
on the pleadings disclosing substan-
TALLY as stated and the following
Aqresd Statement OF Facts.
1T is agreed by and between the
parties to this case that this cause
may be submitted to the Court and
tried upon the pleadings and the
following statement of facts, as all
OF the facts applicable to a determi-
natio nof this controversy. Said facts
being as follows:
/. Castella Brown was a duly en-
rolled citizen OF the Creek Nation,
not OF Indian blood, and was en-
rolled as a Freedman.
2 That she was the lawful and
acknowledged wife OF Ben Reeves,
mentioned in the pleadings, and was
such lawful and acknowledged wife
OF Ben Reeves at the date of her
death on June T. 1902.
3. That Castell3 Brown. az such
citizen of the Creek Nation, made
selection of her allotment on April p,
1899 and received on that date from
the Commission to the Five Civilized
/ Tribes. certificate for the same,
I No. 1880
A. That on September %. 1904. q
patent describing the w IL Of the
/ S. r. IA OF the s. r. Ia Section 3,
( Township rs, North, and Range is,
easl, lying in the Creek Nation, be
ing 12O acres of the land selected
I by Castella Brown as above, said
Ia rs executed and delivered to the
! n, of Castella Brown, deceased.
b. mat on September %, 1904, g
( patent describing the S. h. IA OF the
s. T.. OF Section 3. Township lS,
north. ald Range rs. east, being the
homestead and part Of the land Sc
llNcted as aforesaid by Castella Brown
/ vas executed to the heirs OF Cas-
! ItClla Brown deceased, by the Prin-
ciual Chief oil the Creek Nation and
approved by the Secretary of the In
terror.
6. That Ben Reeves, the husband
Of Castella Brown, was not an en-
rolled citizen OF the Creek tribe Of
Indians, but lived and resided in the
/ Creek Nation for a number OF years
I before the death of his said wife.
Z. That Greek Nation or tribe
OF Indians Lad a for mof government
republican I'm form; had written
constitution providing for the three
coordinate branches OF government,
to-wit: the Executive. Judicial and
legislative; that the Principal Chief
was the principal executive officer;
that the National Council was the
/ Legislative body and that the Supreme
/ Court and the District Courts were
the judicial bodies.
g. That the Cree kNation as a po-
Htcal sovereignty had a written and
codifed form of laws and that the
complaint filed by plaintiff gives a
correct copy OF the Creek law appli-
cable to the descent and distribu tion
os the estate of Castella Braown, de-
ceased as contained in the Creek
printed statutes.
O. 1t is also agreed that the Con-
stitution of the Creek Nation as in
force at the times mentioned in the
complaint under Article third of the
Constitution, as shown by section
number one Is as follows;
THE supreme law defining power
in this Nation shall be lodged In the
High Court to be composed of five
(5l competent recognized citizens OF
the Muskogee Nation, who shall have
attained the age Of twenty-five years.
They shall he chosen by the nation
al council for the term of four years
and shall be paid as provided for
by law"
10. Il Is also agreed thai there
was in fact a legally organized and
constituted Supreme Court of the Ma
, ton, and that said Supreme Court
of the Creek Nation at its October
Term. 1898. in the case OF Edward
, Gibson VS., j. +. Davdsou. ct ais. q
writ en opinion was delivered. a copy
: OF which IS filed as part Of this agreed
statement of facts and attached here
To as exhibit "A. Said written opin
! ion being copy from the records o
! the Supreme Court OF the Creek Ma
! tion.
] And il is further agreed that OF
y October %, 1886, in answer to I