The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-05-29
Court Decision


said srantor, Il was 20 agreed at the
time. and sufficient sum WAS re.
served by the plaintiff ont of the con
sideration for the payment of said
land TO take up the said note held hy
the said defendant IN order ta have
CANCELLED and set aside the deed held
by IT,
Plaintiff alleges that he has made
an effort to settle with the defend
and an dthat defendant refused t.
settle for less than four hundred dol
Ia 5. which is in excess of the mort
gage debt; that he now offers 10 uay
into court as a tender 20 Attendant
we prip"iual and interest due on the
aforesaid loan made by the defendant
10 Robert James
Plaintiff further alleges that the
said r bert James, the grantor in
plaintiffs deed. Is a citizen Of the
Seminole nation not of Indian blood
and IL IS further alleged that no patent
has been issued and delivered to him
by the Principal Chief last elected by
the Seminole tribe as provided in the
Seminole agreement OF December tG
10" ttAhN iiN NhNNllAa NNNH Nttt Mt
iivered and executed by said Princi-
pal Chief to any OF the citizens cf
the Seminole nation. whether of In
lian blood or not of Indian blood
Plaintiff furtber alleges that said
Robert James heretofore mentioned
has selected his homestead out of the
land allotted TO him in the Seminole
nation. and that the land described
IN defendants complaint i sno part
Of the homestead OF II bert James.
Plaintiff further alleged that said
note evidencing the debt due by said
Robert James is now and was due and
payable at the time this action was
Instituted
Wherefore plaintif prays that said
deed or instrument of writing be de
clared in fact and in equity mort.
gage and as such foreclased by pro
ner decree. divesting the title out Of
the defendant and yesting it in the
plaintiff being upon tbs payment of
the amount of Indebtedness due the
defendant by said Robert James on
said note. and If said relief can not
De granted commission appointed
reccnvey the title by deed to the
plaintiff and such other and general
relief as it may be entitled to.
Thereafter. on the oath day of April
906 tie defendant demurred to said
amended complaint for the reasor
chat the facts therein stated were not
sufficient to constitute q cause Of act
ion and thereafter on the 2Gth day Of
June, 1906, said demurrer was by the
court sustained to which action al
the time plamtln then aud there ex
cepted, and defendant failing 10 plead
farther to a decree was therein render
ed in favor of the defendant. dismiss
ing plaintiffs amended complaint and
taxing all the costs against him, plain.
tiff al the time duly saving his ex
ception to the action OF the court
Thereafter, the plaintiff duly prose
cuted its appeal to the United States
Court OF Appeals ef the Indian Ter
ritory and the same Is now prope-ly
before this court by virtue Of the pro
visions of the Enabling Act fer de
termination
Opinion # the Court:
BY Williams. G. J.: The question
to be adjncated in this case is whether
or not a citizen OF the Seminole ma
ticn not OF indian blood, after select
ing his allotment and receiving his
certificate OF allotment rom the
chairman of the commission to the
tive civilized tribes, as provided for
by the agreement of the 10th day OF
December A. d.. 1897 on the part of
the Seminole nation of indians with
the United States OF America ratified
by an act Of Congress approved on the
Isl day Of July. 1898. $50 sta. at Large
567; Kappler's Indian Affairs, Laws
and Treaties second Ed, Vol. ], p.
662), can make valid sale, deed or
conveyance to that part OF his or her
allotment not selected as his or her
homestead, after the removal of the
restrictions on the alienation by the
Indian Appropriation Act approved
April 2l 1904. although no patent hal
been issued or delivered to such al
lottee before he undertakes to alien.
ate the same
That We may properly understand
the provisions of the Seminole Treaty
Of 1897 Il is important that we ex
amino the treaty made aud cOncluded
al Washington, ID, G., March n 1866
between the United States Govern.
ment and the semin le nation. and
ratified on the 18th day Of July 1866
Il Is by virtue of this treaty that the
Seminoles acquired the little or right
% the property in controversy Arti-
Gle 3 Of said treaty Oi Stat, al Large
755i Kappler's Indian Affairs. Laws
and Treaties, Vo. 2, p CID provides
as follows:
THE United States having obtain
ed by grant f the Greek nation. the
westerly half OF their lands. hereby
grants 10 the Seminole nation the
portion thereof hereafter described.
which shall constitute the National
domain Of tho Seminole Indians Said
lands so granted by the United States