EXHIBIT H ARDMORE, OKLA., February 9, 1922. In re Sigler v. Arkansas. MR. ROBERT R. PRUET. Wauria, Okla. DEAR SIR: Replying to your letter in reference to the above matter, will state that we have been handling this in conjunction with the national Chickasaw attorney at this place and he has advised that the minors and their guardian in which all parties had agreed for the land to be sold at the value appraised. Feeling that with the approval of the national Chickasaw attorney and their guardian that there would be no question but what the property would be sold, we have advanced considerable money on the land. Of course, you, as guardian ad litem, can, we presume, prevent the court from making a partition, but we hope that you will not see fit to do this under the circumstances. Please let us hear from you, and oblige. Yours truly, SIGLER & JACKSON. EXHIBIT I CHICKASHA, OKLA., February 16, 1922. In re Sigler v. Arkansas, district court, Jefferson County. Hon. G. G. MCVAY, Chickasaw Tribal Attorney, Ardmore, Okla. DEAR SIR: This is a partition suit brought by Guy H. Sigler et al., against Arkansas minor heirs, and the three commissioners were appointed by the court to view and appraise the lands involved in the suit, and these commissioners have shown in their report that the land in question is worth $2,050, and that it is not susceptible of partition. This report of the appraising commissioners has not yet been approved by the court, however, plaintiff has filed acceptances made by the guardian ad litem showing that said guardian ad litem has agreed to accept payment to him of $1,366.66 for his minor defendants; two-thirds interest of the appraised value, and the plaintiff has filed an election to take the land on that basis. As soon as these items were filed, I, as probate attorney, together with Robert R. Pruet, who was appointed attorney for the guardian ad litem, have filed a motion to set aside the report of commissioners and the purported acceptances of the guardian ad litem, and asked that new commissioners be appointed for the reason that it is not to the best interest of these minors that the land be sold as that land is susceptible of partition. I am in receipt of a letter written by Sigler & Jackson, attorneys, of Ardmore, to Mr. Robert R. Pruet, attorney for the guardian ad litem in the case, in which letter Sigler & Jackson state that they have been handling this case in conjunction with yourself, as Chickasaw national attorney, and that you had advised the minors and their guardian to agree to a sale of the lands at the appraised value. As you have never taken the matter up with me, I of course did not know that you were paying any attention to this case, and from the information that I had from Mr. T. B. Orr, former probate attorney of this district, I was working on the theory that it is to the best interest of these minors that the land be partitioned and the minors interest be not sold at this time. I do not want any conflict to arise between your office and mine regarding this case, and shall be pleased to have you advise me fully your recommendations in the matter. If I do not hear from you before the matter comes up for hearing on the commissioners' report, I will proceed on my own theory in the case, the same being set for trial at Waurika on Wednesday, March 15 next. Very truly yours, United States Probate Attorney. EXHIBIT J. ARDMORE, OKLA., In re Sigler v. Arkansas. Hon. M. S. ROBERTSON, United States Probate Attorney, Chickasha, Okla. DEAR SIR: This is to advise you that upon my return to-day from Washington I received your letter of February 16, 1922, relative to the partition of land wherein the Arkansas minor heirs are concerned, and I note carefully that you state that Sigler & Jackson, in their letter relative to this matter, state that they have been handling this case in conjunction' with me as Chickasaw national attorney and that I advised the minors and their guardian to agree to a sale of the lands at the appraised value. In reply to your letter I beg to advise that I never gave any such advice to the minors and their guardian and that I am not now and have not been acting in conjunction with Sigler & Jackson as Chickasaw national attorney. You are at liberty to use this letter in court if you so desire, and if this is not sufficient you can notify me and I will give my sworn testimony on this point. Yours, very respectfully, G. G. McVAY. IN THE MATTER OF THE APPROVAL OF DEED OF JOSEPH SWEENY, MISSISSIPPI CHOCTAW, ROLL NO. 89, FULL-BLOOD HEIR OF RANSIS SWEENY, NÉE WRIGHT, CHOCTAW ROIL No. 5279, DECEASED SPECIAL REPORT OF M. S. ROBERTSON, UNITED STATES PROBATE ATTORNEY, FIFTH DISTRICT, THE FIVE CIVIIJZED TRIBES Ransis Sweeny, née Wright, Choctaw roll No. 5279, died in Stephens County, Okla., on November 1, 1922, leaving surviving as her sole and only heir, her husband, Joseph Sweeny, Mississippi Choctaw, roll No. 89. About two days thereafter Joseph Sweeny came to my office to make inquiry as to his selling the homestead allotment of his deceased wife, located in Atoka County, Okla. He said that G. W. Carter, of Marlow, Okla., desired to buy this land. I tried to persuade him not to be in a hurry to sell, but he came to see me several times regarding the matter, and in the early part of April, 1923, I was advised by the county judge of Stephens County, Okla., that Joseph Sweeny had filed a petition in his court for the approval of a deed to the 160-acre homestead of Ransis Sweeny, née Wright, to G. W. Carter, for a consideration of $350. (See Exhibit A, hereto attached.) The matter came up for hearing before the County Judge of Stephens County, Okla., Hon. Eugene Rice, and as probate attorney I objected to approval of the court, and my objection was sustained, and after conferring with several parties and producing testimony as to the value of the land, the court stated that he would not approve a deed to the land for a less consideration than $800, and on the request of Joseph Sweeny, the heir, I auctioned the land off to the highest bidder over $800, having first procured another than G. W. Carter who agreed to bid on the land, to wit, H. T. McCasland, of Duncan, Okla., and the bids, after starting at $800, were raised from time to time until G. W. Carter made the highest and best bid of $1,015, and a deed was made out to him and approved by the court. (See Exhibits B and C hereto attached, which are duly certified by the court clerk of Stephens County, Okla.) The judge required the purchaser to pay the money over to the heir in his presence, which was done, the consideration being paid to the heir Joseph in the presence of the judge and myself, in the form of currency. I admonished Joseph Sweeny to deposit this money in one of the banks at Duncan, where the sale took place, and not to carry it overland to Marlow, where he lived, for the reason that some one might rob him on the way if it became known that he had as much as $1,000 in his pockets. It seems that he took my advice and did deposit the money to his credit in one of the Duncan banks. I was informed however, the next day, that Joseph Sweeny wrote a check for the full amount, payable to G. W. Carter, and in turn had an old, broken-down car to show for his investment. In this case but for the honesty of the county judge and the efforts of the probate attorney to give the restricted Indian service, this Indian heir would have been robbed by selling a tract of land that brought $1,015 at a competitive, cash bid, for $350, and in fact the Indian was swindled any way, as he had the money in his possession and could not refrain from spending it in the purchase of a worn out automobile. In this case, because of the integrity of the county judge, and his vigilance in giving notice to the probate attorney that the approval of an heirship had been set for hearing, the Indian's rights, so far as was possible under the law, were protected. But in other instances as is well known, that was not the case. The law does not require that the probate attorney or any other representative of the Interior Department, must have notice of an inherited land sale. Sections 1081 to 1087, Oklahoma Statutes of 1921, provide for the manner of sale of land of restricted Indian heirs, and provision is therein made that the judge may call in the probate attorney to represent the Indian grantors, but in the case of Molone et al. v. Wamsley (195 Pac. 484) and other decisions it has been held that only the acts if Congress govern such sales. In my opinion Congress should enact legislation for the further protection of restricted Indian heirs in the sale of their lands. Respectfully, CHICKASHA, OKLA., September 25, 1924. W. S. ROBERTSON, United States Probate Attorney. EXHIBIT A In the county court in and for Stephens County, State of Oklahoma. In the matter of approval of deed of Joseph Sweeny conveying lands of Ransis Sweeny, née Wright, deceased. Comes now Joseph Sweeny and represents to the court that heretofore, to wit, on the 1st day of November, 1922, Ransis Sweeny, née Wright, departed this life in Stephens County, Okla., leaving as a sole and only heir this petitioner. This petitioner further represents that he and the said Ransis Sweeny, née Wright, were lawfully married on the 18th day of October, 1919, and were lawfully married and living together at the time of the death of the said Ransis Sweeny, née Wright, as aforesaid. That the said Ransis Sweeny, née Wright, was a member of the Choctaw tribe of Indians of the whole blood and enrolled as such opposite Roll No. 5279. That the said Ransis Sweeny, née Wright, was enrolled by her maiden name, Ransis Wright, and that there was allotted to her from the Choctaw and Chickasaw Nations 160 acres of land as a homestead, which homestead land is described as follows: The northwest quarter (NW. 4) of section thirty-four (34), township three (3) south, range fourteen (14) east, situated in Atoka County, State of Oklahoma. That at the time of her death and long prior thereto the said Ransis Sweeny, née Wright, was a resident of Stephens County, Okla., and Stephens County, Okla., was the residence and domicle of the said Ransis Sweeny, née Wright, ever since her marriage to this petitioner up until the time of her death, and the county court of Stephens County, Oklahoma, has jurisdiction to settle the estate of the said Ransis Sweeny, née Wright; that the said Ransis Sweeny, née Wright, was a full blood Choctaw Indian and this petitioner is a full blood Choctaw Indian, and this petitioner is the surviving husband and sole heir of the said Ransis Sweeny, née Wright. This petitioner further represents that he has sold all of his rights, title and interest in the homestead allotment of the said Ransis Sweeny, née Wright, deceased, to wit, the northwest quarter (NW. 4) of section thirty-four (34), township three (3) south, range fourteen (14) east, situated in Atoka County, State of Oklahoma, to G. W. Carter for the sum of $350, and that the said sum is commensurate with the fair value of said land, and, in the judgment of this petitioner, said sum is a fair and adequate price for said land and the interests of this petitioner therein; that a copy of said deed conveying all the right, title and interest of this petitioner in said land is hereto attached marked "Exbibit A" and made a part of this petition. Wherefore this petition prays that the deed executed by him conveying his interest in said land to the said G. W. Carter, as shown by the exhibit attached hereto, be approved and that an order be issued approving said deed in all things. JOSEPH SWEENY, Petitioner. STATE OF OKLAHOMA, County of Stephens, ss: Joseph Sweeny, being duly sworn, states on oath that he is the petitioner above named; that he has read the foregoing petition for approval of deed, and that the several matters and things therein set forth are true. JOSEPH SWEENY. Subscribed and sworn to before me this the 13th day of April, 1923. [SEAL.] ALMA ROBINSON, Notary Public. My commission expires April 13, 1926. I, Eugene Rice, county judge in and for Stephens County, Okla., state that in this matter of the approval of a deed from Joseph Sweeny, a fullblood Choctaw Indian, to certain lands inherited by him from his deceased wife, Ransis Sweeny, nee Wright, Choctaw Roll No. 5279, that there was on or about the 13th day of April, 1923, a petition filed in this court, by the said Joseph Sweeny, praying this court to approve his deed to the aforedescribed lands for a consideration of $350, said deed being made in favor of G. W. Carter, and that at the hearing on the objection of M. S. Robertson, probate attorney, said petition was denied by this court and that said G. W. Carter raised his bid and agreed to pay the sum of $1,015, and that a deed for the latter consideration was approved by this court. Dated this 23d day of September, 1924. EUGENE RICE, County Judge. EXHIBIT B In the county court in and for Stephens County, State of Oklahoma. In the matter of approval of deed of Joseph Sweeney conveying lands of Ransis Sweeney, nee Wright, deceased Comes now Joseph Sweeney and represents to the court that heretofore, to wit, on the 1st day of November, 1922, Ransis Sweeney, nee Wright, departed this life in Stephens County, Okla., leaving as a sole and only heir this petitioner. This petitioner further represents that he and the said Ransis Sweeney, nee Wright, were lawfully married on the 18th day of October, 1919, and were lawfully married and living together at the time of the death of the said Ransis Sweeney, nee Wright, as aforesaid. That the said Ransis Sweeney, nee Wright, was a member of the Choctaw Tribe of Indians of the whole blood and enrolled as such opposite roll No. 5279. That the said Ransis Sweeney was enrolled by her maiden name, Ransis Wright, and that there was a homestead, which homestead land is described as follows: The northwest quarter (NW. 4) of section thirty-four (34), township three (3) south, range fourteen (14) east, situated in Atoka County, State of Oklahoma. That at the time of her death and long prior thereto the said Ransis Sweeney, nee Wright, was a resident of Stephens County, Okla., and Stephens County, Okla., was the residence and domicile of the said Ransis Sweeney, nee Wright, ever since her marriage to this petitioner up until the time of her death, and the county court of Stephens County, Okla., has jurisdiction to settle the estate of the said Ransis Sweeney, nee Wright; that the said Ransis Sweeney, nee Wright, was a full-blood Choctaw Indian and this petitioner is a full-blood Choctaw Indian, and this petitioner is the surviving husband and sole heir of the said Ransis Sweeney, nee Wright. This petitioner further represents that he has sold all of his rights, title, and interest in the homestead allotment of the said Ransis Sweeney, nee Wright, deceased, to wit, the northwest quarter (NW. 14) of section thirtyfour (34), township three (3) south, range fourteen (14) east, situated in Atoka County, State of Okla., to G. W. Carter for the sum of $1,015, and that the said sum is commensurate with the fair value of said land, and in the judgment of this petitioner said sum is a fair and adequate price for said land and the interests of the petitioner therein; that a copy of said deed conveying all the right, title, and interest of this petitioner in said land is hereto attached marked "Exhibit A" and made a part of this petition. Wherefore this petitioner prays that the deed executed by him conveying his interest in said land to the said G. W. Carter, as shown by the exhibit attached hereto, be approved and that an order be issued approving said deed in all things. JOSEPH SWEENEY, Petitioner. STATE OF OKLAHOMA, County of Stephens, ss: Joseph Sweeney, being duly sworn, states on oath that he is the petitioner above named; that he has read the foregoing petition for approval of deed, and that the several matters and things therein set forth are true. JOSEPH SWEENEY. Subscribed and sworn to before me this the 13th day of April, 1923. [SEAL.] ALMA ROBINSON, Notary Public. My commission expires April 13, 1926. [Indorsed: No. 885. Filed in county court April 13, 1923. Jessie F. Barnes, court clerk.] STATE OF OKLAHOMA, County of Stephens, ss: I, Jessie F. Barnes, court clerk within and for the county of Stephens and State of Oklahoma, do hereby certify the above and foregoing to be a full, true, and complete copy of the original application for approval of deed as fully as the same remains on file and of record in my office. In testimony whereof I hereunto set my hand and affix the seal of said court at my office in the city of Duncan, in the county of Stephens and State of Oklahoma, this 23d day of September, A. D. 1924. JESSIE F. BARNES, Court Clerk. EXHIBIT C In the In the county court in and for Stephens County State of Oklahoma. matter of approval of deed of Joseph Sweeney conveying lands of Ransis Sweeney nee Wright, deceased. Be it known that on this, the 24th day of April, 1923, came on to be heard the application of Joseph Sweeney, for an order approving the sale of inherited land, hereinafter described, to G. W. Carter, for the sum of $1,015, which land is described as follows: The northwest quater of section thirty-four (34), township three (3) south, range fourteen (14) east, situated in Atoka County, State of Oklahoma. And it appearing to the court that said lands are a part of the allotment of Ransis Sweeney, nee Wright, deceased, who was the wife of the said Joseph Sweeney, that the said Joseph Sweeney is the sole and only heir of the said Ransis Sweeney, nee Wright, deceased; that the said Ransis Sweeney was a full-blooded Choctaw Indian, enrolled opposite Roll No. 5279, on the rolls of the Choctaw Tribe of Indians, and that she was enrolled in her maiden name Ransis Wright. The court finds that at the time of her death and long prior thereto, the said Ransis Sweeney was a resident of Stephens County, Okla., and that her domicile and residence ever since her marriage, up to and including the date of her death, was in Stephens County, and that the county court of Stephens County has jurisdiction to settle the estate of the said Ransis Sweeney, deceased. |