EXHIBIT D MARLOW OKLA., August 4, 1921. The State National Bank of Marlow. Pay to the order of Isaac Gibson five hundred dollars ($500), for payment in full for 5-year lease on surplus. allotment. EXHIBIT C ORBIE POPE. MARLOW, OKLA., August 5, 1921. The State National Bank of Marlow. Pay to the order of Miss Orbie Pope one hundred dollars ($100). AMERICAN STATE BANK, Porum, Okla.: G. W. CARTER. EXHIBIT E MARLOW, OKLA., August 5, 9.05 a. m. Waive identification and pay Orbie Pope one hundred dollars. We remit. STATE NATIONAL BANK. (9.53 a. m.). STATE OF OKLAHOMA, EXHIBIT F RELEASE OF LEASE CONTRACT Stephens County, ss: Know all men by these presents, that we, Orbie Pope and A. M. Moore, lessee and assignee, respectively, of a certain lease contract made, executed, and delivered on August 4, 1921, by Isaac Gibson, Choctaw by blood, roll No. 488, as lessor, and Orbie Pope as lessee, and on August 11, 1921, assigned by said Orbie Pope to A. M. Moore, on the following real estate, to wit: SE. 4 of SE. 4 of SE. 4 and W. 1⁄2 of E. 1⁄2 of SE. 4 and W. 1⁄2 of SE. 4 section L. and NE. 14 of NE. 14, and E. 1⁄2 of NW. 4 of NE. 14, and N. 1/4 of S. 4 of NE. 4, section 20, all in township 2 north, range 3 west, Garvin County, Okla. Said lease contract being recorded by the county clerk of Garvin County, Okla., at Pauls Valley, Okla., on the 6th day of August, 1921, at 1 o'clock p. m., in book 107, at page 299, and the assignment of said lease contract from Orbie Pope to A. M. Moore was recorded on the 12th day of August, in book 108, at page 124, and said Orbie Pope and A. M. Moore, the said lessee and assignee named in said lease contract, for and in consideration of the sum of $100 and other valuable considerations, in hand paid, the receipt whereof is hereby acknowledged, do hereby release, sell, assign, transfer, convey, and set over unto the said Isaac Gibson, Choctaw by blood, roll No. 488, being the original lessor, his heirs and assigns, said grant. To have and to hold the same forever, free and clear of any and all rights, title, and interest of said Orbie Pope and A. M. Moore or anyone claiming under them. In witness whereof the said Orbie Pope and A. M. Moore have hereunto set their hands and seals this day of December, 1921. STATE OF OKLAHOMA, Stephens County, ss: On this day of December, 1921, personally appeared before me the undersigned notary public in and for Stephens County, Okla., the within-named Orbie Pope and A. M. Moore, to me known to be the identical persons who executed the within and foregoing instrument and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. [SEAL.] My commission expires, EXHIBIT G RELEASE OF LEASE CONTRACT STATE OF OKLAHOMA, Stephens County, ss: Know all men by these presents, that we, Orbie Pope and A. M. Moore, lessee and assignee, respectively, of a certain lease contract made, executed, and delivered on August 4. 1921, by Isaac Gibson, Choctaw by blood, roll No. 488, as lessor, and Orbie Pope, as lessee, and on August 11, 1921, assigned by the said Orbie Pope to A. M. Moore, on the following real estate, to wit: S. 2 of NE. 1⁄2 of SE. 4 and N. 1⁄2 of SW. 4 of SE. 4 of section 16, and the NR. 4 NR. 4 of SE. 4 of section 17, and the W. 1% of W. % of section 21, and the NE. 4 of SE. 14 of section 6, all in tonwsh p 2 north, range 3 west, Garvin County, Okla. Said lease contract being recorded by the county clerk of Garvin County, Okla., at Pauls Valley, Okla., on the 6th day of August, 1921, at 1 o'clock p. m., in book 108, at page 102, and the assignment of said lease contract from Orbie Pope to A. M. Moore was recorded on the 12th day of August, 1921, at 8 o'clock a. m., in book 108, at page 124, and said Orbie Pope and A. M. Moore, the said lessee and assignee named in said lease contract, for and in consideration of the sum of $200 and other valuable consideration, in hand paid, the receipt whereof is hereby acknowledged, do hereby release, sell, assign, transfer, convey, and set over unto said Isaac Gibson, Choctaw by blood, roll No. 488, being the original lessor, his heirs and assigns, said grant. To have and to hold the same forever free and clear of any and all rights, title, and interest of said Orbie Pope and A. M. Moore, or anyone claiming under them. In witness whereof the said Orbie Pope and A. M. Moore have hereunto set their hands and seal this day of December, 1921. STATE OF OKLAHOMA, County of Stephens, ss: On this day of December, 1921, personally appeared before me, the undersigned, notary public in and for Stephens County, State of Oklahoma, the within named Orbie Pope and A. M. Moore, to me known to be the identical persons who executed the within and foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. [SEAL.] My commission expires, Notary Public. STATE OF OKLAHOMA, County of Garvin, ss: OFFICE OF COUNTY CLERK, I, L. Z. Ashurst, county clerk in and for said county and State, do hereby certify that the above and foregoing is a full, true, and correct copy of lease as the same appears of record in my office in the city of Pauls Valley, in book 108, at page 129. Witness my hand and official seal this 25th day of September, 1924. [SEAL.] 1 By R. ROQUEMORE, L. Z. ASHURST, EXHIBIT H. LEASE This lease, made 11th day of August, 1921, by Isaac Gibson, Choctaw by blood, roll No. 388, of the first part, to W. M. Freeman of the second part. Witnesseth, that the said party of the first part, in consideration of the rents, covenants, and agreements of the said party of the second part, here inafter set forth, does by these presents demise, lease, and rent to the party of the second part the following-described property situated in the county of Garvin, State of Oklahoma, to wit: SE. 4 of the SE. 4 of the SE. 4 and the W. 1⁄2 of the E. 1⁄2 of the SE. 4 and the W. 2 of the SE. 4 of section seventeen, and the NE. 4 of the NE. 4, and the E. 1⁄2 of the NW. 4 of the NE. 14, and the N. 12 of the S. 1⁄2 of the NE. 4 of section twenty, all in township 2 north, range 3 west, and being the land allotted to the first party as his homestead allotment. The second party shall have the right to bring suit or suits to defend this contract or to collect rents or about any other matter affecting the possession of the land in the name of the second party and at the expense of the said second party. To have and to hold the same unto the said party of the second part, from the 1st day of January, 1921, to the 31st day of December, 1921. And said party of the second part, in consideration of the leasing premises, as above set forth, covenants and agrees with the said party of the first part to pay the said party of the first part, his heirs or assigns, as rent for the same the total amount of two hundred fifty and no/100 dollars, in one payment as follows, to wit: Two hundred fifty and no/100 dollars cash in hand paid, receipt whereof is hereby acknowledged, which also includes some money advanced heretofore. The said party of the second part further covenants with said party of the first part, that at the expiration of the time mentioned in this lease to give peaceable possession of said premises to the said party of the first part, in good condition as they now are, the usual wear, unavoidable accidents, and loss by fire excepted, and will not make or suffer any waste thereof. and that upon default in payment of the rent, as aforesaid, the said first party may, at his election, declare this lease at an end and recover the possession of said premises as if held by forcible detainer, the said party of the second part hereby waiving any notice of such election, or any notice or demand for the possession of said premises. The covenants herein shall extend to and be binding upon the heirs. executors, administrators, and assigns of the parties to this lease. In witness whereof the said parties have hereunto set their hands the day and year first above written. STATE OF OKLAHOMA, Garvin County, ss: ISAAC GIBSON. Before me, J. C. Elliott, a notary public, on the 11th day of August, 1921, personally appeared Isaac Gibson and W. M. Freeman, who to me known to be the identical persons who executed the within and foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. Witness my hand and notarial seal the day and year last above written. [SEAL.] J. C. ELLIOTT, Notary Public. My commission expires July 8, 1924. STATE OF OKLAHOMA, Garvin County, ss: This instrument was filed for record on the 12th day of August, 1921, at 3 o'clock p. m. and duly recorded in book 108 at page 129. L. Z. ASHURST, County Clerk. STATE OF OKLAHOMA, County of Garvin, ss: OFFICE OF COUNTY CLERK, I, L. Z. Ashurst, county clerk in and for said county and State, do hereby certify that the above and foregoing is a full, true, and correct copy of lease as the same appears of record in my office in the city of Pauls Valley in book 107, at page 330. Witness my hand and official seal this 25th day of September, 1924. [SEAL.] L. Z. ASHURST, County Clerk. By R. ROQUEMORE, Deputy. EXHIBIT I LEASE This lease, made 11th day of August, 1921, by Isaac Gibson, Choctaw by blood, roll No. 488, of the first part, to W. M. Freeman of the second part. Witnesseth that the said party of the first part, in consideration of the rents, covenants, and agreements of the said party of the second part, hereinafter set forth, does by these presents demise, lease, and rent to the said party of the second part, the following-described property, situated in the County of Garvin, State of Oklahoma, to wit: S. 2 of the NW. 4 of the SE. 14, and the N. 2 of the SW. 4 of the SE. 4 of section sixteen, township two north, range three west, and NE. 4 of the NE. 14 of the SE. 14 of section seventeen; and W. 1⁄2 of the W. 2 of section twenty-one and the NE. 14 of the SE. 14 of section six, all in township two north, range three west, 92 north, range 3 west, and being the land allotted to the said first party exclusive of his homestead. To have and to hold the same unto the said party of the second part from the 1st day of January, 1921, to the 31st day of December, 1925. And said party of the second part, in consideration of the leasing premises, as above set forth, covenants and agrees with the said party of the first part, to pay the said party of the first part, his heirs or assigns, as rent for the same the total amount of two hundred fifty-and-no/100 dollars, in five payments as follows, to wit: Two hundred fifty and no/100 dollars ($250.00 cash in hand paid to-day, which includes some money paid heretofore, receipt whereof is hereby acknowledged), and two hundred fifty and no/100 dollars to be paid on or by January 1, 1922, and a like sum on January 1 of each year thereafter during the life of this contract. The party of the second part shall have the right to bring any suit for rents or for possession of any part of the above-described land in the name of the first party, and to prosecute the same at the expense of the said first party whether first party be present or absent at the time. The said party of the second part further covenants with said party of the first part that at the expiration of the time mentioned in this lease, to give peacable possession of said premises to said party of the first part, in good condition as they now are, the usual wear, unavoidable accidents, and loss by fire excepted, and will not make or suffer any waste thereof, and that upon default in payment of the rents, as aforesaid, the said first party may, at his election, declare this lease at an end, and recover the possession of said premises as if held by forcible detainer, the said party of the second part hereby waiving any notice of such election, or any notice or demand for the possession of said premises. The second party shall have the right to sub let the above-described lands and premises in any manner he may choose. The covenants herein shall extend to and be binding upon the heirs, executors, administrators, and assigns of the parties of this lease. In witness whereof the said parties have hereunto set their hands the day and year first above written. ISAAC GIBSON. STATE OF OKLAHOMA, Garvin County, ss: Before me, J. C. Elliott, a notary public, on the 11th day of August, 1921, personally appeared, Isaac Gibson and W. M. Freeman, who are to me known to be the identical persons who executed the within and foregoing instrument, and acknowledged to me that they executed the same as their free and voluntary act and deed for the uses and purposes therein set forth. Witness my hand and notarial seal the day and year last above written. [SEAL.] J. C. ELLIOTT, Notary Public. My commission expires July 8, 1924. PAULS VALLEY, OKLA., January 3, 1922. Received from W. M. Freeman, three hundred fifty and no/100 dollars, cash in hand, on account rentals on this lease, the same having been as follows: Three Hundred and no/100 dollars paid to Orbie Pope and A. M. Moore, for release of two leases, and fifty dollars to Albert Rennie, as attorney's fee. Signed in the presence of: DIXON W. GIBSON. ALBERT RENNIE. STATE OF OKLAHOMA, Garvin County, ss: ISAAC GIBSON. This instrument was filed for record on the 12th day of August, 1921, at 3 o'clock p. m., and duly recorded in book 107, at page 300. L. Z. ASHURST, County Clerk, By W. L., Deputy. SPECIAL REPORT OF M. S. ROBERTSON, UNITED STATES PROBATE ATTORNEY, FIFTH DISTRICT, THE FIVE CIVILIZED TRIBES In the matter of the allotment of Freeman Arkansas, Mississippi Choctaw, No. 1097 Freeman Arkansas, Mississippi Choctaw, roll No. 1907, died and left surviving him his wife Lucy Arkansas, now Peter, and three children, Abel, Edgman, and Emeline, minors. Soon thereafter, the widow, Lucy, sold her undivided one-third interest in the surplus allotment to Sigler & Jackson, attorneys, of Ardmore, Okla., who filed a petition for partition in the district court of Jefferson County, Okla., where the land is situated. Judgment was rendered in this matter on the 19th day of March, 1921, and before I was appointed as probate attorney. At the request of the plaintiffs, Sigler & Jackson, the court appointed Thompson Peter, a full-blood Mississippi Choctaw Indian, guardian ad litem of the minor defendants, but at the request of the then probate attorney, Hon. T. B. Orr, now of Ardmore, Okla., the court appointed an attorney of Waurika, Okla., Mr. R. R. Pruet, as attorney for the guardian ad litem. In the judgment order, the court appointed as appraisers to partition and value the land W. B. Ray, A. J. Phagan, and R. Birdwell. See Exhibit A, hereto attached. Said appraisers made a finding that the land had a reasonable value of $2,050, but that it could not be partitioned without "manifest injury to all the parties," etc., and recommended that the land be sold. See Exhibit B hereto attached. This report of appraisers was filed in the court on December 2, 1921. On the 8th day of February, 1922, there was filed with the court a paper purporting to have been signed by Thompson Peter, the guardian ad litem, joined in by Lucy Peter, the legal guardian of the minors, acknowledging full payment of the two-thirds interest of the minor defendants in the sum of $1,366,65. See Exhibit C, hereto attached. On the same date, to wit, February 8, 1922, the plaintiffs, Guy H. Sigler and C. M. Jackson, filed their election to take the minors' two-thirds interest at the price of $1,366.65, and setting up that they had paid this consideration to Thompson Peter, the guardian ad litem. See Exhibit D, hereto attached. Ten days thereafter, on to wit, February 18, 1922, joined by Mr. R. R. Pruet, by the court appointed attorney for the guardian ad litem, I filed a motion to set aside the report of commissioners appointed to appraise and partition the land, and asked that the court appoint new and different commissioners to appraise said land, and set up the fact that the land was susceptible of being partitioned. See Exhibit E, hereto attached. On to wit, September 18, 1922, the court granted my motion and appointed three new appraisers, to wit, Beesom Grantham, A. L. Keler, and Jess Alford. See Exhibit F, hereto attached. On to wit, September 4, 1924, the last-named appraisers made their report, and recommended a division of the land as shown in Exhibit G, hereto attached. These exhibits are certfied to by the court clerk of Jefferson County, Okla. 24076-24-20 |