The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1921-04-14

IN oJU,UUU.
Alleging fraudulent intent to deprive !
her Of interest in lands valued at $50 600 |
and pretended legal actions by which |
the defendant, william Westmoreland |
now claims ownership of the lands, |
Enie Hobson, by ana through her guar
dian, K. +. Clark. has filed suit in the
district court against William West !
moreland. William Cassidy. the Head
ton Petroleum Company and NJ NJ.
Wasson, praying that her title 10 the
lands be- quieted. confirmed and estab
hshed by judgment against the defend
ants.
In her petition. plaintiff states that
she is a full blood Choctaw Indian and
a minor aged six years, that she Is the
owner Of an undivided one-halt interest
in lands located in sections % and 80,
4s-2w and section 36, 4s3w.
Plaintiff states that the title has
been deraigned as follows On Decem.
ber Z. 1906, the Choctaw and Chicka-
saw Indian Nations allotted the prop
critics to Nancy jefferson, a fullblood
Choctaw Indian, as q portion Of sur
plus allotment, and that thereafter the
allottee. Nancy jefferson, ana mother
of the plaintiff, married Cornelius
Hobson, the father Of the plaintiff.
on February 18Th, 1918, alleges the
plaintiff, her mother died intestate in
Pushmataha county, leaving as her sole
heir the plaintiff and her father. Plain
tiff urther alleges that she thus in
herited an undivided one-half interest
in the properties and her father in
herited the other half.
on March 18th, 1918, alleges the
plaintiff, her father sold his undivided
half to c. +. Dudley, who in turn con-
| veyed it to the defendant Westnore-
land. After selling his half, states the
| plaintiff, her father entered the mill
! tary service Of the United States, ana
| has been in it since, now being sta
| toned somewhere in Europe.
| After her father LETT this country,
| alleges the plaintiff, Westmoreland
/ conceived the idea Of securing the en-
| tire title to the lands, and depriving
the plaintiff Of her interest therein.
with this in view, he commenced par
/ IlllOH proceedings III AllN hlnAlANN N'N- .
on May 18th, 1919, the case being en-
| titled william Westmoreland vs.. Enie
! Hobson. minor. under a, ct al, and
! in which he alleged that he and Enie
Hobson were owners in equal shares
of the lands. Enie Hobson alleges that
| al the time this action was commenced,
] she lived with her aunt, Betsy Ben,
/ who is an illiterate Choctaw indian,
who could neither read, write. speak
or understand English. IN furtherance
| of his scheme, Westmoreland is alleged
to have caused a pretended summons
10 be served on the plaintiff and her
aunt. by leaving q copy of it at their
residence Following this, it is alleged
that after the expiration of the time
for Enie to plead in the action com
menced by Westmoreand for the parti-
tion of the lands, at the instance and
request of Westmoreland, +. NJ. Adams
was appointed guardian ad litem for
Enie and Adams is alleged TO nave
filed a pretended answer as guardian
ad Item for the girl
Plaintiff further alleges that on Octo-
Der 9Th, 1919, a pretended stipulation
was made between Westmoreland ana
Adams assigning the cause for the par
tltion for trial following which pre-
tended decree was entered, establish
ing the interest OF the respective part
les to the lands, and appointing Guy
r. Ledbetter. B. S. Curtis, and Roy
shores as commissioners 10 partition
the property.
Plaintiff alleges that on November !,
1918, the commissioners filed report
finding among other things, that the
property could not be partitioned ana
appraising the lands at $4,000; that ON
November 2. 1919 Westmoreland filed
a written election TO take the premises
al appraised value; that on November
5. 1919. a pretended Judgment and de-
cree was made and entered approving
the report Of the commissioners, adopt
ing the election OF Westmorelond, and
directing the sheriff TO convey 'he
premises to Westmoreland.
II is further alleged in the plalntitt S
petltion that on November 20, 1919, the
sheriff pretended to convey the lands
TO Westmoreland, and that by virtue
of the deed thus obtained, Westmore-
land now claims ownership OF the lands
The plaintiff claims that she mad no
actual knowledge of the Instituted par