The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1915-12-07
SUIT INVOLVES
SOME VALUABLE
OIL | AN DS
UNITED STATES PROBATE ATToR-
NEY FILES SUIT AGAINST LES
SEE TO CANCEL CONTRACT -
LANDS ARE VALUABLE.

Louisa Wesley, through United
States Probate Attorney J. b. Moore,
has filed suit in the district court
here against S. II. Thompson, X c.
Newton and S. w. Tyer, asking the
court to annul contract made be-
tween the defendants and the plaintiff
and pending the hearing of the same
to appoint a receiver to take charge
of oil from 3 wells now on said prop
trty.
Plaintiffs attorney in his petition
alleges that of the above defendants,
S. W. Tyer is resident of Carter
county. while the other two are resi-
dents of McCurtain county, and that
the lands in controversy are situated
1t further shows that the plaintiff
is a full-blood Choctaw Indian, fifty
years of age, and was the mother of
Rayson Wesley, deceased, who took
as a portion of his allotment prior
to his death specifically described as
in sections and 10-4-3, and Section
1851.
The petition states that prior to his
death these lands We're leased for
oil and gas purposes and the lease
approved by the department of the
interior, and these leases are owned
and operated by different oil COM
panies and a portion of the same
developed; that thirteen wells have
been drilled on the said premises,
all producing oil, and that at the
present time the wells have a daily
capacity of $500 barrels, that that
portion of the lands in section 10 is
now being developed with one well
nearly completed, which is an offset
to the producing wells, that the said
lands have proven to be valuable and
underlaid with oil and gas sands, and
that the interest of the plaintiff in
these lands is one-eighth in royalties,
which, based conservatively, are
worth $25O,OOO.
Plaintiff further alleges that upon
the first day of December, Thompson
procured an order from the county
court of McCurtain county approving
a contract purporting to have been
executed by this plaintiff on the Sth
day of November. The plaintiff al
leges that the order was procured
through fraudulent representations
made to the court that affidavits
were filed with the court stating that
there were only four small wells on
the property producing low grade
of oil, and that $50 per month for
ten years and a cash bonus of $500
was a fair consideration for the as
signment of the royalties by the plain
tiff to the defendant.
Petition further alleges that the
contract was not executed by the
plaintiff, that the signature, to it
was obtained through false and fraud
ulent representation, that the said
plaintiff is a full-blood Choctaw In
dian and cannot read or write and
cannot speak the English language.
Plaintiff further states that a copy
of the contract, together with the
purported assignment and the order
of the court approving the same has
been placed with Shelton Tyer, as
county clerk of Carter county to be
will cloud the title of said property,
and prays that the county clerk of
Carter county be enjoined from max
ing it a matter of record. Pending
this action, plaintiff asks that a re-
ceiver be appointed to take charge
of the royalties, and that upon hear
ing by the court this contract be de-
clared void and held for naught.
When it became known among oil
men in this city that Thompson had
secured this contract, it caused con.
siderable surprise as the royalties
from the wells now producing are
said to be close to $4,000 per month
and there was some speculation as to
how the lease was secured for such
a small amount
As soon as ]. B. Moore heard OF
the contract. he, as probate attorney,
for the Choctaws and Chickasaws,
Immediately filed suit to annul this
contract and the case will probably
be set down for hearing at an early
date