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

4 question propOunded TO II BY the Ma
tional Council Of the MuskOgee Ma
ton. the Supreme Court Of thst Ma
tion delivered q written opinion,
copy OF which from the records OF
made part of this agreed state of
said court is hereby attached and
facts" marked exhibit b
II. Ben Reeves is native born
citizen of The nited states aud was
such citizen at the death OF his wife,
Castella Brown.
~. 1t is agreed that the various
deeds and conveyances alleged in the
complaint 20 have been made by the
persons therein mentioned we're in
| fact exeuted and delivered as alleged
in the complaint.
13. The National Council OF the
Greek Nation. as approved April G.
1894. enacted the following law which
was in force at the times mem
toned in the pleadings, to-wit
"Non-citlzens. lntermarried Courts
TO have Jurisdtion OF their property.
Sec. az. The courts OF this Ma
ton shall have and exercise juris-
diction over all controversies arising
out Of or pertaining to property
rights acquired in this Nation, and
situated in the same By nnn-citizens
who have intermarried with citizens
of this Nation and by reason OF such
marriage secured rights and priyi-
| leges in this Nation under which
! said property was acquired and ac-
| cumulated by them. The jurisdiction
OF our courts shall extend to contro-
veTsies over property and property
rights acquired by intermarried non
citizens of our nation, who, by virtue
of this inter-marriage with citizens
acquired such property rights and
| privileges and that Irrespective Of
whether such controversies are be-
tween non-citizens and citizens Of
the MuskOgee Nation or between any
persons whomsoever, who claim In
this Nation property rights under and
through such intermarried non-citi-
zens which are by them acquired In
the manner aforesaid: and all per
sons hereafter intermarrying with cit
liens of this Nation shall thereby be
deemed to consent that the courts OF
this Nation exercise all jurisdiction
over property rights and privileges
hat they acquire in this nation by
virtue OF their said marriage.
Sec. az. All property brought
into this Nation by noncitizens in
consequence of intermarriage with
such non-citizens OF this Nation
shall likewise be under the jurisdie-
ticn of the courts of this Nation.
| Approved April 6. 1894
Made by the counsel for all par
ties on this MAY l0th. 1907.
GIBSON & RAMSAY,
Attys for Def DeGraffenreid.
THOMAS e. DE MULES.
Attorneys for Plaintiff
WEST g. MELLETTE.
Attorneys for Defendant Creek
Land g. Imp. Co.
on May H. 1907. the court decreed
In effect. that the devolution Of the
Hand In controversy was governed by
the Greek law of descent and distri-
lbution and passed in fee to Cynthia
TOlliver, mother OF Castela Brown,
deceased. and from her TO the plain
tiff the Iowa Land & Trust Com
lpany; that Ben Reeves, the hus-
band of Castella Brown, being a non
citizen of the Greek Nation, could
not inherit from his wife, who was
citizen, that George Brown, the
father of Castella Brown deceased,
for the same reason could not in
herit. and ordered that the deed from
ben Reeves TO defendant de Graflen-
reid and the deed from Sheilie Brown
TO them their respective wives
TO defendant, the Greek Land a I'M
lprOvement Company be removed as "A
cloud upon the title of the plaintiff,
rne iowa Land & Trust Company
on May 10, 1907, defendants de
} Graffenreid and Greek Land q I'm
provement Comany. sued out a writ
OF error and prosecuted their case
to the United States Court of Ap-
peals in the Indian Territory and the
same is now before us for review by
virtue of the terms of the Enabling
Act
Opinion OF the Court by Judge Turner
Before determining the deyolution
Of the allotment OF Castella Brown
let us determine its legal status prior
10 her death.
Z The Indian Appropriation bin oI
, March 9. 1893. provides:
Sec 10 The consent Of the United
States is hereby given TO the ailoI
7 ment of lands IN severalty not ex
ceedluE one Nuidith ana SlAtN acre
, to any one individual within the lin
its Of the country occupied by the
Cherokees, Creeks. Choctaws. Chick
asaws and Seminoles; an'
= upon the allotment of the lands helC
By said tribes respectively the re
4 versionary interest Of the Unite,
States therein shall be rellnquishee
!, and shall cease
y Sec i6 The President shall nom
mate and by and with the advice anC
consent of the Senate shall apppoin
u three commissioners to enter into ne
d gotiafions with phe Cherokee Ma
J tion. the Choctaw Nation. the Chick
asaw Nation. the Muakogee (or Creek
Nation: fhe Seminole Nation, for tn
purpose OF the extinguishment OF tn
national or tribal title TO any land
within that territory now held by an
: and all such Nations or iribes eithe
by cession OF the same or some par
thereof 10 the United Statos, or b
the allotment and diYision Of th