# Transcript of Record — Hill v. Reynolds > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386003_0252%3A1 ## Record - **Collection:** Supreme Court brief - **Document type:** Transcript of Record - **Published:** January 1, 1917 - **Citation:** 242 U.S. 361 ## Text (24,540) SUPREME COURT OF THE UNITED STATES. OCTOBER TERM, 1915. No. 337. HARRY F. HILL, A MINOR, AND J. B. HILL, A MINOR, BY THEIR NEXT FRIEND AND LEGAL GUARDIAN, DAVE HILL, AND LOUIS JAMES, BY HIS LEGAL GUARDIAN, PLAINTIFFS IN ERROR, v8. FRANK REYNOLDS, A MINOR. IN ERROR TO THE SUPREME COURT OF THE STATE OF OKLAHOMA. INDEX Original. Print eee TOUNEM CO WERE OF CPTOE. «ccc csccccccecctesccteseutese a 1 i i. ach och Sac ireccn a AW ch ca iain ere em 1 1 etition for writ of error and allowance.................00005 3 3 eS pd anes cue Senet 6bA cad HERS CREM MEUM Rares 5 3 tidavit as to amount involved............. 0 ceceecccecccccees 8 5 ns Cagd bbads bk ME tiKe nk Reoe bine eScabe CON aWN 9 5 ME 5 56 0 4a Sees eee eed es MAE Kee Uae hanbee ava wees 11 6 NE ororeo ce “ee a COPY BOUN FRANK REYNOLDS, ETC. 55 -Q This is an action, Mr. Hill, brought by you for your ward louis, James, and your minor sons, J. B. Hill and Harry Hill. Are acquainted with the land in controversy? A. Yes sir. Q. How old is your son J. B. Hill? A. He will be seven years old in September. Q. How old is your son Harry Hill? A. He is five years old. -Q How old is your ward Louis James? A. He is ten or eleven, I couldn’t say positively just as to the age. Q. Mr. Hill, how did you acquire title to these premises in con- troversy ? A. I bought it from Jim Tuttle. Q. Did he execute a quit claim deed? A. Yes sir. Q. Have you the deed in your possession? A. Yes sir. 89 By Mr. Bond: We desire to have this deed (offering deed ) made a part of the record and marked “Exhibit A.” Q. This deed is also signed by M. T. Campbell, Mr. Hill? Is he ason of C. L. Campbell, deceased? A. Yes sir. | Introduction of deed objected to by counsel for Contestees for the reason that no interest is shown in any of the parties making same. Q. Do you know whether or not M. T. Campbell has reached the age of majority? A. Yes sir. Q. How old is he? A. I don’t know—26 or 27 years old. Q. This deed is also signed by Holmes Campbell. Is he a son of C. L. Campbell, deceased? A. Yes sir. Q. Is he of age? A. Yes sir. Q. This deed is also signed by S. L. Minter. Is she the widow of C. L. Campbell, deceased? A. Yes sir. Q. This deed is also signed by L. A. Campbell, do you know whether or not his disability has been removed? . I don’t understand the question. Who is L. A. Campbell? Son of Mrs, Campbell; Mrs. Minter now. Son of C. L. Campbell deceased? Yes sir. Do you know whether he is a married or single man? . He is married. Q. Does the land described in this quit-claim deed in- 90 clude the lands in controversy in this action? = _A. It includes all of it but 80 acres. >POPOPO> a anesiiacieenetee a CLOSE IN CENTER cm 56 HARRY F. HILL, ETC., ET AL. VS. Q. From whom did you purchase this 80 acres that this dea does not include? i A. I purchased it from Holmes Campbell and Tuttle. Objected to as incompetent, immaterial and irrelevant. Q. Have you the deed to that land? A. Yes sir. (Witness produces deed.) Mr. Bond: We ask that this deed be made a part of the record and marked “Exhibit B”’. Q. I will ask you to look at this deed, Mr. Hill, and describe the eighty acres conveyed by this deed that is also in controversy in this action. A. The 80 acres in controversy on this piece of land, there is, | suppose 30 or 35 acres of it on the west side of West Bitter, and 3 or 45 on the east side of West Bitter. This land on the west side has never been in the possession of no one else but the Campbell estate and _— Hill. It is the north half of the southeast quarter of Se tion 32. Q. Then, if IT understand you correctly, West Bitter Creek runs through the north half of the southeast quarter of Section 32? A. Yes, sir. Q. Practically dividing that 80 acres into two equal parts? A. There is a little more on the east side than on the west side. The east side the Campbell estate and Hill has had possession of ever since it has been put in cultivation. The west side I have had — and rented and tended since the first day of January, 1903, enced. Q. I will ask vou, Mr. Hill. about how many acres are there in contest between the minor heirs of yourself and those of Reynolds, without the Morean piece? A. A little over 400 acres. 91 Q. How much of this land are you now in possession of? A. T am in possession of something like 125 or 130 acres— something like 110 acres. Q. Who is in possession of the remaining part of it? A. Mr. Reynolds I guess. Twelve or thirteen acres right here in the southwest corner of the northeast quarter of Section 32 is in my possession ; then here is a piece, now, down in this corner, 12 or 15 acres, in the southwest corner of the southwest quarter of section 33 that has been in my possession ever since the 18th day of November 1902. Q. Did you make any attempt Mr. Hill, after you purchased this land to secure possession of the same. A. Yes sir. Q. What did vou do? A. T went and told Mr. Blassingame that T had bought the land from the Campbell estate and that I wanted him to get off of it and give me possession. Q. Was he in possession of it at that time? A. Yes sir. Q. What did he state? POAT RAN PR LOES IAT OT ee e ao ses oS COPY BOUNI FRANK, REYNOLDS, ETC. 57 A. He said he wouldn’t do it. I told him we would bring suit for , Objected to as incompetent and irrelevant. Cross-examination. By Mr. Bailey: Q. Mr. Hill, how long have you lived near these lands that are in litigation here? A. I have lived somewhere near them for something like three 0. How long have you been acquainted with the Campbell farm? A. T have been acquainted with it three years and over. 92 Q. Do you know Holmes Campbell? A. Yes sir. Q. How old is he? A. I judge something like 24 years old. Q. Is he a married man? A. No sir. Q. Do you know Mont Campbell? A. Yessir... Q. How old is he? A. Something like 26 or 27. Os Mrs. S. L. Minter is the widow of C. L. Campbell, deceased, is e? A. Yes sir. Q. Do you know L. A. Campbell? A. Yes sir. Q. How old is he? A. T could not tell you, only he is a married man. Q. Are there any other Campbell children? A. Two more. Q. What are their names? A. John and Rex. Q. How old are they? A. I judge one of them is eighteen and the other probably is six- teen. ; Q. Do you know where Mont and Holmes and L. A. Campbell and Rex and John Campbell lived at this time? A. Bud Campbell lived on the south end of the old Campbell place. Q. Which one do you call Bud? A. 1, A. Campbell. Q. Where does Mont Campbell live? A. Four miles east of Chickasha. 93 Q. Where does Holmes Campbell live? A. T couldn’t tell you where his home is. Q. On the old Campbell place? A. I couldn’t tell you whether it is on the old Campbell place; he stays at Mont’s part of the time and at the old lady’s part of the me. a .. TO now where he shete ODD) ID CLOSE IN CENTER ee 58 HARRY F. HILL, ETC., ET AL. VS. A. Yes sir. Q. Where? A. They claim their home at the old lady Minter’s on the old Campbell place. Q. Do you know how much land C. L. Campbell was holding there at the time of his death? A. No sir, I do not. Q. Do you know how much the Campbell estate is holding there at this time? A. No sir, I do not. Q. Have you no idea? A. Not much of an idea. —. How much in your best judgment? A. I don’t suppose they are holding anything to exceed their allot- ments. Q. You don’t know how much they are holding? A. No sir, I don’t know how much they are holding. Q. When you went up there in that section three years ago, who - Oat time was in control of the lands that are now in litigation ere? . Blassingame. Mr. J. W. Blassingame? . Yes sir, I think he was. Was he living on this land at that time? . No sir. 94 Q. His tenants were there? A. Yes sir. Who was in possession of that place the next year? . Blassingame, I suppose. Who was in possession the next vear? T suppose Blassingame was there in possession of it; I know Charlev Reynolds was in possession the next year. Q. When did you first set up your claim to any part of that land? A. On the 18th day of November, 1902. Q. That is when you claim to have purchased it from Mr. Tuttle and the members of the Campbell family? A. Yes sir. Q. Who was in possession of the land at that time? A. T suppose J. W. Blassingame was in possession of it. Q. You have not been in possession of that land since that time _ have you? A. Part of it, I am. ‘ Q. What part of it are you in possession of? A. I am in possession of the north half of the southeast quarter of section 32. I am in possession of 12 or 15 acres of the northwest quarter of Section 33, I am in possession of 12 or 15 acres of the northeast quarter of section 32, in the southwest corner. Q. That little strip there is just the land that is west of the creek? Are you in possession of all that is below the creek there? A. Yes sir; about 12 or 15 acres in each piece. Q. That is all you are in possession of? A. No sir; 80 acres more. O>o> >OPO COPY BOUN FRANK REYNOLDS, ETC. Q. When did you take possession of that? A. I took possession on the 1st day of January 1903. Q. How did you get possession? 95 a9 It was turned over to me by Holmes and Mont Camp- 11. Q. Is it not a fact that you went down there and by force, or over the protest of the tenants in possession of the place at that time, con- structed a fence there? . No sir. . You did construct a fence across there, did you not? No sir. Who did? I think it was Holmes Campbell. It was put there at your request was it not? T don’t know as it was. Were you not there with them at that time? No sir. You didn’t go about there? I was over there the day they went up there. Did you not know that the fence was being put there? . Yes sir. _ Is it not a fact that your possession there was contested during the entire time the crop on that 80 acres was being grown? A. I don’t think it was. Q. Were you not aware that the land belonged to Mr. Reynolds and that he would claim the rent on that 80 acres? A. No sir. (Continuing answer:) Mr. Reynolds said the day he come out there that he wouldn’t claim that piece of ground inside of that fence, the first day he was out there. Q. You did not know the fence was going to be put there? . A. Yes sir. Q. And you requested it to be put there? A. I guess you might just as well say I did. Q. That is all the land. you are in possession of on that place. A. Yes sir. 96 Be — never was in possession of any other land on that ace A. No sir, except what I have described. Q. Have you attempted to move the cropt and collect the rents; they never have paid you any rents? § No sir; they piled up the rents for me and Mr. Reynolds hauled them off. Q. Then you are not in possession of 135 acres on that place, are you? A. Of 135 acres? ; Q. You are not in possession of the 135 acres that Mr. Reynolds is contesting for? A. I am in possession of about 110 acres. Q. That includes the 80 acres that Holmes and Mont Campbell had fenced off? A. That was only part of it fenced off. > OPOPOPOPOPOPe ND CLOSE IN CENTER ec 60 HARRY F. HILL, ETC., ET AL. VS. Q. Who had been in possession of the 80 acres previously? A. Blassingame had been in possession of 35 or 40 acres and the Campbell estate the balance of it. Q. Was the land in cultivation? A. Yes sir. Q. Who was in possession of it the year before it was fenced? A. The Campbell estate was in possession of it—35 or 40 acres, and Blassingame 35 or 40. Q. How much did you pay for that land? A. Seven hundred and fifty dollars, that is for the full quarter section ; there are eighty acres there that are not in this contest. Q. You paid seven hundred and fifty dollars for the entire quar- ter section did you? A. For the entire quarter section. Q. What did you pay Mont Campbell? 97 A. I didn’t pay Mont Campbell anything. Q. How much did you pay for the land that you pur- chased from Tuttle and the Campbell heirs? A. Sixteen hundred dollars. Q. How much land was there in cultivation there at that time? A. It was pretty much all in cultivation—something like 60 acres, Q. What improvements were there on that land at that time? A. There were a couple of renters’ houses, two granaries, crib or something like that—barn. Q. The place was pretty well improved was it not? A. Tolerably, yes. Q. Practically the entire tract of land was in cultivation? A. Yes sir. Q. Have you ever put any improvements on that place? A. T have not. Q. Have you ever received any rents off of that place? A. I have not. Q. Have you ever exercised any control over that place? A. No sir; I have tried to collect the rents and the rents were piled up there for me. Redirect. By Mr. Bond: Q. Who piled the rents up for you, Mr. Hill? A. Pat Ellis. Q. What became of these rents? A. Mr. Reynolds had them hauled off. I had contracts with all those men before Mr. Reynolds ever came in possession. Q. Did you have rental contracts with all the tenants on that place? A. Yes sir. Contestee- objects unless contracts are produced. 98 Q. You say that Mr. Reynolds filed on a portion of your land and that neither Blassingame nor Brimmage nor Rey- FRANK REYNOLDS, ETC. 61 nolds nor anyone else had been in possession of — except the Camp- bell estate and yourself? A. Yes sir. Q. Did you not receive rents off that land? A. Yes sir. I received all the rents off this 80 acres that he has filed on and all the rents off these two blocks of 12 or 15 acres each; there never was any contest against it. + Q. Mr. Hill, I believe you stated that you had possession of this place and that you filed suit against Blassingame? A. Yes sir. Q. In what court did you file it? A. In the United States Court. Q. Where? A. At Chickasha. Recross. By Mr. Bailey: Q. When did you file that suit? A. I think that suit was filed on or about the 25th day of Novem- ber, 1902; I think that was the date. Q. You filed suit for ejectment? A. Yes sir. Q. You bought this property, you say, on the 18th day of No- vember? A. Yes sir. Q. When did you give him notice to move? A. Loe him notice to move, I think somewhere about the 20th or 25th. Q. About the time you filed the suit? A. Yes sir, on the same day. 99 Q. Was this sixteen hundred dollars ever paid? A. Paid by note. Has it not been paid yet? No sir. To whom is that note payable? . Payable to J. H. Tuttle. Has this seven hundred and fifty dollars ever been paid? . All the seven hundred and fifty dollars has been paid, but two hundred and twenty-five dollars. Q. How was that paid? A. It was paid in checks, money and one horse put in on it. Q. It was paid along in installments—piecemeal? A. Yes sir. Q. You don’t know Mr. Hill whether any court has ever approved the deed you have here from Mr. Tuttle, do you? A. No, I do not. >POPOPO 62 HARRY F. HILL, ETC., ET AL. V8. os James H. Tuttle, i 5 James H. Turrze, a witness for the Contestants herein, having been first duly sworn, testified as follows: Direct examination. By Mr. Bond: Mr. Tuttle, will you state your name to the Commission? James H. Tuttle. Your age? . Forty-two. Your pose office address? Minco. Are you a citizen of either the Choctaw or Chickasaw Nation? . Chickasaw. | . By inter-marriage? A. Yes sir. 100 Q. Is your wife a daughter of C. L. Campbell deceased? | A. My second wife was, yes sir. Q. Did C. L. Campbell execute a will and testament before he ied? OProrerere Objected to by contestee-. Q. Were you ever appointed guardian of the minor heirs of C. L. Campbell? A. Yes sir. Q. Are you the guardian of the Campbell heirs at this time? A. Of the minor heirs I am, yes sir; Rex and John. | Q. This is a suit, Mr. Tuttle, between Dave Hill for his ward and his minor children against Charles O. Reynolds for his minor heirs. Are you acquainted with the lands in controversy in this action? A. Yes sir. Q. Do you know where this land is located? A. It is located on Bitter Creek six miles east of Chickasha; what is known as the Campbell place. Q. Did you ever, by your deed as guardian of the minor heirs, and with the heirs who had reached the age of majority, quit-claim and ey | the land in controversy to Dave Hill? A. I did. Contestees object, as the deed is in evidence. Q. This instrument purports to be a deed made by yourself as — of John Campbell and Rex Campbell; it is also signed »y S. L. Minter, L. A. Campbell, Holmes Campbell, and M. T. Campbell, marked “Exhibit A”. Is that your signature Mr. Tuttle? A. Yes sir. Q. Do you know how old M. T. Campbell is, Mr. Tuttle? FRANK REYNOLDS, ETC. 63 A. It is that Mont? A. Yes sir. A. He is about 24 I think. Q. Do you know how old Holmes Campbell is? 101 A. He is in his 22nd year, I think; 1 am just guessing at this now. By the Commission : Q. They are all of age? A. Yes sir, all of age. By Mr. Bond: Q. You had full power and authority to make this deed? A. Yes sir. You understand L. A. Campbell was not of age, but when he was married, I got the court to declare him at the age of majority. ae PF what authority are you acting as guardian for these chil- D A. Guardianship from the court. Q. Did C. L. Campbell, deceased, in his last will and testament ask that you be made guardian for his children? A. The will so shows, yes sir. Q. About what time did C. L. Campbell die? A. I think he died in October, 1896; he has been dead about eight years, Q. After his death, who went in possession and control of the estate of his minor heirs—the land? A. I did. Q. Did you take possession and control of the land in contro- versy in this action after his death? A. I did, yes sir. Q. How long did you have control and possession of it? A. T had control and possession of it until I turned it over to those boys. By the Commission : Q. What do you mean by “those boys?” A. I mean those of age—Holmes and Mont and Lawrence. 102 By Mr. Bond: Q. Did you turn over any of this land in controversy—I am speak- ing about the land in controversy and not the entire estate? A. No, I never turned any over; I told Mrs. Campbell to take her teams and work it, she has so many teams; the broke land; the other part I never did turn over at all. 4 ag never did turn over possession of this land to anyone? A. No sr. Q. You always held it for the minor heirs? A. Yes sir. Q. How long did you hold the land after the death of Mr. Camp- bell—the land in controversy? . 6A HARRY F. HILL, ETC., ET AL. VS. A. I think it was about two years before Mrs. Campbell sold it In fact I didn’t know exactly when she did sell it; 1 didn’t find it out for six months afterwards. Q. Did you give her any right or authority to sell this land? A No. sir, I did not. Q. Did the minor heirs ever receive any of the consideration that was paid to her for this land? A. No sir, not to my knowledge. Contestees object unless he knows. Q. Did you ever deliver the possession of this land to Mr. Blas ingame, or to Mr. Reynolds? A. No sir. Q. Do you know how Mr, Blassingame came in possession of this land. A. I understand he bought it from Mrs. Campbell. Q. What did you do when you heard that he had bought it from Mrs. Campbell? A. I notified him he could not get it. Q. By whom did you notify him, or how? A. By Mr. Ladd, my foreman. Q. Did you notify him not to take possession of this land? 103 A. He had possession of it before I understood he had got it; he was camped on it. Q. Did you notify him to quit the possession of it? A. Yes sir, I told him he would never get it. Q. Have you been continuously from that time until now claim ing this land for the minor heirs of the Campbell estate? A. Yes sir. Q. Did you ever take any proceedings in court to eject him from this land? A. 1 employed Holding and Bond to intercede against Mr. Blass ingame. Q. How long was that after he had taken possession of the land! Contestees object unless it is shown when he took possession. Q. Do you know whether or not these attorneys you employed served notice on Mr. Blassingame to quit possession? A. Yes sir, they got the notices out and referred them to me. Q. Do you know whether or not these attorneys ever instituted suit against him? A. No sir, I do not. Q. About how long after Blassingame had taken possession ol this land was it before you employed a law firm to have him ejected! Contestees object on the ground that there is no record of any ever having been brought. Q. I don’t know exactly how long it was; it was right away, though. I have no record of it. I went right over there and the case before them. Q. Did they promise you they would institute suit? COPY BOUNT —— a A eee et = Se FRANK REYNOLDS, ETC. 65 A. Yes sir. Q. Did you ever as guardian for these minor heirs make any deed or grant or bargain away, any part of this land in contro- yersy to any person than to Dave Hill? A. No sir. 104 Q. Did you ever give any one the right to take these lands in allotment, or to file upon the same? A. No sir. Q. Have you made any effort to find the original will of C. L. Campbell, deceased ? A. Yes sir. Q. What effort have you made in order to find it? A. I have sent to Stonewall after it. Q. The original I am speaking of, a certified copy? A. The original is at Stonewall, I have never had a certified copy of it. Q. The original will is at Stonewall? A. Yes sir. ~ Q. Have you also sent to Stonewall for a certified copy of your B letters of guardianship? A. Yes sir. Cross-examination. By Mr. Bailey: Q. Mr. Tuttle, you say you were appointed as guardian of these children, or suggested as guardian, under the will left by C. L. Campbell ? A. I was. Q. Have you ever seen the original of that will? A. Yes sir. Q. You say that after Mr. Campbell’s death you, as guardian, went into possession of his property and holdings. What did you do to take possession? A. It was turned over to me by the administrator. Q. Who was the administrator? A. W. L. Sawyer. Q. How long after Mr. Campbell’s death was it before W. L. Sawyer turned this estate over to you? 8 105 A. I think it was about likely four months. Q. What did he do to turn the estate over to you? A. Well, he settled up Mr. Campbell’s business. Q. Paid his debts? A. Yes sir. Q. Rented his lands? A. No sir, he never rented his lands. Q. He sold his property? A. Yes sir. Q. And paid up his debts? A. Yes sir. Q. And then told you as guardian to take possession? D CLOSE IN CENTER ee 66 HARRY F. HILL, £TC., ET AL. VS. A. Yes. Q. How much land did you take possession of? Sm I don’t know how much; I took possession of the old Campbell ace, Q. About how much was that? A. I think there was about three sections in that farm, under the farm fence, and then that pasture land, about four thousand acres up above there and twenty-five hundred east of there; some thing like ten thousand acres of land all told. Q. You took possession of all of that? A. Yes sir. Q. What rights, if any, did you set aside for the widow at that time? ‘A. Set aside that she taken the right as the will designated ; sh ignored the rights of the will. Q. What rights? A. For her to have the home place and 160 acres of land; the rest of it was to be held in trust and the children were to take allo ments out of that and the rest was to be sold. Q. They were to pick out of the seven or eight or ten thousan acres? , 106 A. Yes sir. Q. Have the children conges out their allotments? A. They have not all filed. Rex and John have not filed. Q. They are all living on their places, are they? A. Yes sir. Q. They have picked their allotments, and this land in cont versy here is not selected as the allotment of any of the Camph children, is it? A. It was selected as the allotment of Holmes Campbell. Q. Did he dispose of it? A. Yes sir, and bought land up at Minco. 2 How old was Holmes Campbell at the time this land was 80 Q . He was 21 years old. ’ Had he received his part of the estate? A. Yes sir. Q. Did he buy this land up at Minco from the money he obtaif from his part of the estate? A. Yes sir. Q. The money from this land sold to Hill? A. I don’t know about that; he got money through a settleme of the estate. It was not, then, money from the land sold to Hill? I don’t know anything about that. Has there ever been any division of this estate? Only as they have come of age. All of them are of age now with the exception of two? . Yes, Rex and John. Mont & Holmes and L, A. Campbell have their allotment! . Yes sir. Rex and John have their allotments? OP>OPoOroPre COPY BOUND FRANK REYNOLDS, ETC, . Designated, yes. It was there on the old Campbell place, was it not? A. Yes sir, but Lawrence and Holmes are not on the Camp- bell place. Q. They are up near Minco? _A. Yes sir. Q. This deed that you executed to Dave Hill, Mr. Tuttle, you executed and signed for the minor children, did you not? A. For Rex and John. yr Q. Were Rex and John in possession of their allotments at that time? A. No sir, they are not yet. Q. Were they in possession of lands they intended to take in allotment? A. I was in possession of that land they intended to take as their allotments, Q. That is true, is it not? A. Yes sir. Q. What improvements, Mr. Tuttle, were on the land in con- troversy here and claimed to have been sold by Mrs, Minter to Mr. Blassingame ; what improvements were on that land at the time Blass- ingame took possession of it? A. There was about 70 acres broke out and a four wire fence, and one house set on it, a tenant house. Q. Where was that house? A. On the south end of it. Q. Across the creek? _A. Yes, across the creek. Q. Is that house there now? A. Yes sir. By the Commission: Q. Which side of the creek do you speak of now? A. The creek that runs south and turns east, it set right on the south bank where it turns east. By Mr. Bailey: 108 Q. You understand that the land on which that house is situated, across the creek, is not in contest, Do you under- stand the lands being contested for here? A. It is the land in the forks of the creek. Q. Take that map, please, and show us what lands are being con- ested for (handing witness improvement plat)—I will ask you again now remembering that that 80 acres is not being contested for, what improvements were on the land purchased by Mr. Blassingame from Mrs. Minter at the time he purchased this land? A. When Blassingame got that land there was one outside fence inning around this pasture; inside of that pasture there was 70 or "5 acres under a four wire fence and under cultivation, Q. What that all the improvements on the land that is now be- ing contested for at the time Mr. Blassingame got it? ee CLOSE IN CENTER 68 HARRY F. HILL, ETC., ET AL. VS. ; A. I told you there was an extreme outside fence went around it and then a fence run down the creek and around inside this inside that pasture there was 70 or 75 acres under a four wire fence broke out. 4 Q. Then that 70 or 75 acres with this outside fence constituted all the improvements on the land now in contest at the time Mr, rigs got it? : A. No this outside fence just come on the outside of the Creek. — Q. I am asking you about the land now in contest? A. That is in contest, Q. I want to know what improvements were on this land at the time Mr. Blassingame bought it, the same land that is now being contested for here? —. Do you mean to eliminate that 80 acres? Q. Yes sir, for that land is not being contested for? A. The house on that 80 acres was part of the improvements, By the Commission : Q. Answer what improvements were on the land in controversy the time Mr. Sesinanne bought it. , 109 A. It was under a four wire fence and 70 or 75 acres brok out, in cultivation, been jn cultivation four or five years. Q. That was all the improvements on that part of the land? A. Yes sir. By Mr. Bailey: Q. Now, Mr. Tuttle, what year, if you remember, was it wh Mr. Blassingame purchased this land? A. I never saw Blassingame and don’t know when he purchas Q. When was it when you first heard he had purchased it? A. It was in October, 1898, I think when Ladd first wrote 1 he was on it. You understand I did not know Mr. Blassingan bought this land at that time. Q. Mr. Blassingame went in possession of it at that time, did not? A. I don’t know when it was; in October or November Mr. La notified me that Mr. Blassingame had got on that side of the Sectic line. Q. Did you ever go out and visit these premises in litigation he A. Yes sir. Q. Did you find Mr, Blassingame there? A. No sir. Q. Did you rent this land to anybody? A. No, ;gendne rented it to anybody. Q. Did you ever collect any rents from this land after 1899? A. Off of about 105 acres I did. Q. Off of about 105 acres that is included in the contest he A. I don’t know whether it is included in the contest; it part of that sale. it. coin a COPY BOUND FRANK REYNOLDS, ETC. 69 I will ask you, then, if after 1899 you collected any rents fom anybody on the land that is being contested? ey A. You will have to show me what is contested and then I 110 will tell you that. I have been collecting rent off of some: -_ _thing like 60 or 70 acres ever since he has got it. ~Q. Point out there—(handing witness improvement plat) the 60 or 70 acres you have been collecting rent from? _A. About 35 acres in the northeast corner of the southeast quarter of section 32, and then or twelve acres in the southwest corner of ) the northeast quarter of section 32 and 12 or 15 acres in the south- west corner of the southwest quarter of section 33. Q. Of your own knowledge you do not know the number of acres that is included in this description given here, but you simply make the estimate from your observation of the map as you have here indicated it? A. Yes sir. Q. You have no accurate knowledge personally of what that is? A. I collected rent off of that land. Q. Off of whatever there may be? A. Yes sir, the exact amount I don’t know. Q. Then it is a fact that after the sale of this land to Blassingame by Mrs. Minter you did not collect any further rents from the land that has been. contested for? A. No sir, I just asked for the land to be sued for, the rent to be included in the suit. Q. You say you arranged for that suit to be brought for the pos- session of this land? A. Yes sir. Q. How soon was that after the sale to Blassingame? » A. I don’t know how soon it was; my best recollection is, though, it was the next spring after. Q. Do you remember what year it was when you wanted suit brought? A. I think it was in 1898. Q. Whom did you employ to bring this suit? 111 A. Bond and Holding. Q. Do you know whether suit was ever brought or not? - A. I know they told me they would bring it. Q. Were you ever summoned to appear in that cause? A. I don’t think I was. Q. Do you know whether you ever appeared in such a cause? A. I know I appeared to them and asked them what they were going to do about it. =) 3 “ S = 3 5 > ~ co S$ =] i =] . i) 3 & w ~ true, is it not? A. I don’t know it only from them. CLOSE IN CENTER 70 HARRY F. HILL, ETC., ET AL. VS. Q. Did they tell you they had brought suit? A. No sir, they said they were going to. Q. That is all they ever said about it? A. Yes sir. Q. Now Mr. Tuttle, I will ask you if it is not a fact that the land conveved to Mr. Blassingame and the land that is being contested for here was set aside to Mrs. Campbell as her own separate land and estate? A. No sir. it was not. Q. T will ack von if it is not a fact that before Mrs. Campbell exe. cuted the deed to Mr. Blassincame for this land. she went to see you and asked nermission to sell certain lands east. of the creek and you objected on the eronnd that thev were the children’s lands, but told her che micht cell these lands set aside for her? 112 A. No sir. T did not. Mrs. Camnbell came to see me and said, Mr. Tuttle, Mr. Blassincame tells me thev are going to clear mv north nastnre. that is the pasture north of this land. that is the pasture T turned over to her and told her to use it, she said T havea chance of selline: she never snoke a word about this land in con- troversv at all: she savs. thouch. T have a chance of selling a niece; of land eomine across this section line. I savs, vou can’t sell that to anvbodyv. T savs. T don’t eare what von do about the hill land. She never said a word about this land in controversy. Q. She was in control and nossession of this land at this time? A. No sir: if so, why was she coming un and asking me about it. Q. She asked you about some other land? A. The land was all together. Q. She was working this land that is being contested for, and w leasing the other land at that time? A. Under my supervision. Q. The rent was pavable to her? A. I was dividing the leases up and after the thing run about tw years—— Q. Is it not a fact that the land contested for. was being leased Mrs. Camnhell at the time she sold it to Mr. Blassingame? A. By me O K’ing the lease. Q. The lease was. made in her name? A. Her and me together. she only leased it one year. re Who was in possession of it under the least at the time it w sol A. T don’t think anyone was. Q. Do you not know a man named Sherwood was leasing it? A. Tf he held a lease on it? 113 Q. Is it not a fact that at the time the sale was made land was being leased to Dink Sherwood? A. No sir. if he was he was leasing it from somebody else. Q. Did you receive any rents from that land in controversy dur ing the vear 1899? A. T think Mr. Blassingame had possession of it in 1899. Q. Did vou receive any rents from it in 1898? A. I let her rent that portion of the land. I told her she ee ao COPY BOUND ( lane FRANK REYNOLDS, ETC. 71 use this land and the children would use the land on the south side the creek. 2 o) She was renting the lands in controversy here at that time? A. She was renting the lands north of the fence. : Q. Was she leasing the lands in contest here at that time? i A. She leased it under my supervision to Oliver. It was not Dink Sherwood, to the best of’ my knoweldge. Q. And you are certain that Mrs. Campbell never approached you in regard to the sale of the land in controversy? A. Yes sir, I am, most certain. Q. I will ask you if after the sale had been made by Mrs. Camp- bell to Mr. Blassingame, you went to Mr. Blassingame and stated to him that he could not take the land south of the Creek, because that was the children’s land? : A. No sir. Q. And further, in the same conversation, when Mr. Blassingame told vou that the land embraced in his bill of sale did not take that land, but commenced at the public road and took 80 acres north of 32, vou told him. well, that was all richt then. vou thought he was zettine on the children’s land south of the creek? A. T never had no such conversation with him about the land. Q You did not have a conversation with him at:that time, or any ime later? i A. No sir. 14 Q. I will ask you if you have visited the land in contest here, if you have been on the premises since this land went nto the possession of Mr. Blassingame? A. Oh, ves, I have been on it. Q. You have exercised no control over it since that time? . Only that certain part of it that I stated awhile ago. Q. You have received no rents from them? A. No sir, but. I will. I will get them out of the old lady. Q. Do you know what amount of that ground is broken and in Itivation at this time? A. To the best of my knowledge, about all we could get in, and me of the rock hills too. . Were you familiar with that land at the time it was sold to . Blassingame? A. I ought to have been. Q. What was the character and nature of that land at that time? A. It was very good. : Q. Was it very low and swampy, and stood under water a part of e time? A. There was 40 acres that is in controversy that was swampy; orty acres you say you don’t claim was sometimes, but the upper end as very ‘ Q. I believe you stated awhile ago that the land in controversy ere is not wanted, so far as you know, as the allotment of any of the pbell children. A. It is wanted for the valuation of the money there is in it. Q. That is all, is it? A. Yes sir. a -LOSE IN CENTER ——iin99, 72 HARRY F. HILL, ETC., ET AL. VS. Q. Was the deed that you made to Mr. Hill ever approved by any court, : was the land sold under order of any court, so far as you now. 115 A. No sir, it wasn’t necessary. fan? Q. Do you remember when you made this deed to Mr, A. I made it in October 1902, I think. I don’t remember the ex. act date. Q. You say vou spoke to counsel about bringing suit to eject Mr. Blassingame from these premises. Do you know when that was? A. It wouldn’t be long after he got on there, I don’t remember the date, it was a short time after. Q. Did you ever take any action in regard to the matter? A. I sir, I couldn’t take any. Redirect. By Mr. Bond: Q. As soon as you heard Mr. Blassingame was in possession of these nremises, did you not send your foreman there to notify him t§ get off? A. Yes sir, but I never talked to Blassingame. Q. How long was this after he had taken possession? A. I wrote to Georve to tell him he couldn’t have that land and afterwerds George told me he had notified him? Q. Was it as much as a month? A. I don’t know exactly. but I don’t think it was that long I told him to tell Blassingame that if he bought that particular piece of land he could not have it. Q. Did you ever go to Mrs. Campbell and ask her about th matter? A. Yes sir, I asked her what she meant by it and she said sh never wanted to sell that land. Contestees object. Q. I notice on the improvement plats here that this land is af praised to Mrs. Campbell, most of it. Do you know who instructed the appraisers to appraise it to her? : A. No sir, I do not. I never saw them. That is no crite 116 rion anyhow because they listed all that to Tuttle and I hag not had possession of it for three years. My cattle was il there and they just supposed it was my land. - Q. Do you know who segregated this land in controversy from the public domain? A. Mr. Campbell did. Q. Do you know in what year? A. No, it has been too long; I have been here 27 years. Q. Did Mrs. Minter ever farm this land as your tenant? A. Yes sir, she farmed it one or two years as my tenant with he teams. ia are te - ola gm — COPY BOUND | EER FRANK REYNOLDS, ETC, 73 Q. You never did permit Mrs. Minter then to take possession of this land as hers and exercise control over it? A. No sir. Q. Nor to receive the rents or benefits from it? | A. No sir. Recross. By Mr. Bailey: Q. You say Mrs. Campvell occupied this land as your tenant? A. Yes sir. Q. Under contract with-you? A. Yes sir. Q. Did she pay you rent? j oe Pair her rent in the division of the corn that came off the place. ot Paid you rents on this place and took her percentage of the corn __ A, She would take so much corn? If there was ten thousand bushels raised she got two thousand bushels; I charged her with a third of the corn she raised there. 117 Q. Has Mrs. Campbell taken her allotment on this land at this time do you know? A. Yes sir, she has allotted on the 160 acres the will designated across the creek too. Q. Have you ever signed any deeds, Mr. Tuttle, to any other — part of the old Campbell place, other than the deed to Mr. ill? A. I think that I signed one for Mr. Kelly (?)—No I didn’t sign that—Holmes Campbell signed that. . He signed that for himself? Yes sir. . Has the Campbell estate ever been settled? c 2) . No sir not settled; there are two minor heirs yet. . There has been no final settlement? . No sir. . This part sold by Holmes Campbell to Bailey, was it ever assigned to him as a part of his estate? A. Yes sir. Q. Then he laid no claim to this part sold to Mr. Blassinzame? A. Yes, I made him take 160 acres of the Blassingame land. Q. How much did you make him take of the Bailey land? A. He got 160 acres of that. and 40 acres, T believe, of the Blass- ingame land in settling with him. Q. When was that? A. It was two years ago, I think. OPOrPo> By Mr. Bond: Q. Holmes Campbell was of age when he transferred this land, was he? _ A, Yes sir. Ph Sahel ea -LOSE IN CENTER — — ———— 74 HARRY F. HILL, ETC., ET AL. VS. Q. This land had been turned over to Holmes Campbell by you when he arrived at age? A. Yes sir, when I settled with him, I just cut the piece in two, when I went to settle, I couldn’t settle anyway, but to draw 118 straws. By Mr. Bailey: Q. Mr. Blassingame was in possession of the land at that time? A. Part of it. By Mr. Bond: Q. When Holmes and Bud and Lawrence Campbell sold their ——" there, they did not have any land at Minco, did they? . No sir. Q. It was after they sold their land down there that they bought land at Minco? A. Yes sir; when Bud sold his land there he come up to Minco and bought land there. By Mr. Bailey: | Q. Which one is Bud? A. L. A. Campbell. Q. And when Holmes sold his land at Chickasha he went to Minco and bought land? A. Yes sir. Q. You say you have Holmes 160 acres of the Blassingame land? A. Yes sir. Q. To whom did you give the rest of it? A. Part of it to John and Rex. Q. "laa that all the remainder after you had given Holmes 160 acres A. The balance of it, they had to take their chances with it. I settled with Holmes and told him he could take his chances of get- ting it from Blassingame. Q. Did you tell Rex and John that? A. I was taking care of Rex and John. 119 George Ladd. GrorcE Lapp, a witness for the Contestants herein, having been’ first duly sworn, testified as follows: Direct examination. By Mr. Bond: Q. Mr. Ladd, where do you live? A. At Chickasha in the Chickashaw Nation, seven miles north of town. Q. Were you working for Mr. Tuttle as his foreman in the years of 1897 and 1898? A. Yes sir. FRANK REYNOLDS, ETC. 75 Q. This is a suit Mr. Ladd between the Reynolds and Hill heirs for the possession of certain lands located on the old Campbell place. Do you know where that place is? A. Yes sir. Q. Did you ever reside on that place? A. Yes sir. Q. About how many years? A. A little over 14 years. I was there in 1889 and left March Ist 1904. Q. Are you acquainted with these lands in controversy? A. Yes sir. Q. Did you ever, while acting as foreman for Mr. Tuttle, notify Mr, Blassingame to quit the possession of these lands? A. Yes sir. Q. Do you know what time that was? A. No sir, I do not; it was directly after he come there, along in the spring. A. How long had he been in possession of these lands before you notified him to quit the possession of them? A. I don’t know just how long, but it wasn’t very long. 120 Q. As much as a month? A. It wasn’t over 30 or 40 or 50 days; a month or two months; shortly after he eame there. A. Did he quit the possession of the lands? A. No sir. Q. Did he continue to occupy them? A. Yes sir. Q. Did you ever notify him more than one time? A. Nosir, not him; I told his men when they went to plowing —— Contestee objects. Cross-examination. By Mr. Bailey: Q. You say you notified Mr. Blassingame, to quit possession— did you just simply tell him that Mr. Tuttle wanted him to get off? - A. Yes sir. Q. Do you know when Mr. Blassingame got that land? A. No sir. o Q. What year was it when le moved on it? A. I don’t recollect just the year; some five or six years ago. Q. And about a month after he took possession, you told him Mr. Tuttle wanted him to get off? A. It was sometime after, I don’t know exactly how long. Q. You don’t know how long he had been in possession of the land conveyed to him by Mrs. Campbell ? A. No I don’t. Q. Do you know who was living on that place prior to the time Mr. Blassingame moved on the lands in controversy here? Do you know who was in possession of the lands in controversy here before Mr. Blassingame? a LOSE IN CENTER _—_— 76 HARRY F. HILL, ETC., ET AL. V8. A. Mrs. Campbell for the time being. Q. Do you know what improvements were on this land at the time Mr. Blassingame took possession ? 121 A. There was a four wire fence around the pasture and the farm, 75 acres fenced inside of the pasture, and twelve acres in one field and 75 acres in another, broke land. Q. I will ask you Mr. Ladd, if you ever approached Mr. Blass ingame after he went into possession of this land and offered to trade him certain lands that you were holding at that time for the lands in controversy here. A. I never held any land at that time and never made a land trade with Blassingame in my life. Q. I mean the lands just west of the lands in controversy here, I think Bailey owned at the time? A. No sir. Redirect. By Mr. Bond: Q. Do you know who exercised control and supervision over this land in controversy from the time of Mr. Campbell’s death up to the time Mr. Blassingame bought it? A. Mr. Tuttle was guardian of the estate. Q. Did Mrs. Campbell hold this land Mr. Tuttle when she was in possession of it? A. Yes sir. Contestees object, unless he shows how he knows. By Mr. Bailey: Q. I will ask you if you know who received the rents from that 75 acres prior to the time Mr. Blassingame purchased it and took ion? A. Who received the rents off of it? A. Yes sir? A. Mrs. Minter worked the land herself with her teams. 122 Q. Do you know who received the rents from it? A. She got it. Contestants rests. ; April 28, 1904, 9 a. m. | Mr. Bond: I desire to offer in evidence here a certified copy of the last will and testament of C. L. Campbell, deceased lok ask that it he made a part of the record and marked “Exhibit C.” Mr. Bailey: The contestees reserve »n exception as we are not in formed that the contestants were unab’s to secure the original, whic should properly be offered in evidence; and that the pretended certi fied copies offered here show no proper authentication or certi cation of officers of a court of the Choctaw and Chickasaw Nation. Mr. Bond: We also desire to introduce in evidence a certified co of the record of the county and probate court of Pontotoc County, = ee i COPY BOUND Oorerere OP>POoro> vipat mr “aig CLOSE IN CENTER 78 HARRY F. HILL, ETC., ET AL. VS. this instrument for the reason that J. H. Tuttle, testamentary guard ian, had absolute control of the lands pretended to be conveyed in this instrument, and the same were to remain in trust, held by him, and that it has not been shown that Mrs. S. L. Campbell who to receive a child’s part of these lands, had any right to convey the same. Q. I will ask you, Mr. Blassingame, if the lands conveyed to you by this instrument are the same lands that are being contested for ere? A. I bought that with other lands. Q. The lands that are being contested for here, then, are in cluded in the same lands that are conveyed in this instrument? A. Yes sir. Q. Did you pay Mrs. S. L. Campbell, who is now Mrs. Minter, a consideration for the lands conveyed to you in this instrument? A. I paid Mrs. S. L. Campbell for the north part of the land, and I paid her husband, after she had married him, for the land thats not in controversy. 125 Q. What do you mean by the north part of the land? A, That is of te we call the north part of the land beca the Purcell Road runs right between the two pieces of land. We call one the north part and one the south part, in between the two Bitters Q. If you know, state if any of this land you speak of as the nort part of the land is being contested for? A. None of it being contested for at all. Q. What consideration did you pay Mrs. Campbell, who is ne Mrs. Minter, for the lands included in the contest here? A. LF ssngr her $270—paid her husband $270. Q. Was all that in money? A. Yes sir. Q. What did you pay for the other part of this land. A. I paid $250 in money. Q. I will ask you when you purchased this land from Mrs. 8. L Campbell? A. I bought it on the 21st day of January, 1899. Q. How long after you bought it was it until you went int ion of it? A. It was a month, or more than a month. Q. Did you take complete possession of it at the beginning? A. I started to take possession of it; a man by the name of Sher wood spoke to me and said he had a lease from Mrs. Campbell— Contestants object as to what Sherwood said. I went back to her and told her that a man was living on he place and wouldn’t let me have that land she sold me, and I sai what are you going to do about it and she sent me back to him 1 buy him off. 126 Q. Who was that man? A. Dink Sherwood. Q. How did you get him off? A. She bought him off. —_———_— -— ~~ COPY BOUND | FRANK REYNOLDS, ETC. 79 Q. Was he leasing this land at that time? A. He was. Q. Do you know from whom? A. Mrs. Campbell. Q. Did Sherwood remain on the place? A. He remained until she went to the bank and put up the money, and the bank told him that when he got his land load out of the house the money was ready at the Citizens National Bank for him, $400, and that she was to send somebody there to know when he moved before-she would give up the money, They satisfied her he was off and then he went to the bank and got the money. They I went out there and remained in peaceable possession of it nearly five years—a little over four years. Q. What house was Sherwood in? A. In the house she now lives in, that is, the old Campbell home- Q. What time of the year was it when you secured possession of these premises? A. Sometime in February, 1899. Q. Did you make a crop there that year? A. Yes sir. Q. Who was in possession of the lands there the next year? A. I was. She was in possession of her part and I was in possession of mine. Q. I am speaking of the lands in controversy? A. I was in possession the next year. Q. Did you make a crop there that year? 127 A. Yes sir. Q. Who was in possession the next year? A. I was. Q. Did you make a crop? A. Yes sir. Q. During this time, did you pay rents to anyone? A. I did not. Q. At the time you purchased this land from Mrs. S. L. Campbell, what amount of improvements was on the land? A. There was a little bit of a piece of land on the east side of West Bitter, maybe 10 or 12 acres, and down further towards Mrs, Camp- bell’s house probably 60 or 70 acres. Q. That was fenced off from the pasture? te 6A. Yes sir. Q. Do you know if it was in cultivation? A. It was broke up; a fellow had tried to cultivate it that year but hadn’t made anything; I don’t think he plowed it at all. Q Was that all the improvements on it? A. Yes sir, except the fence. Q. How long did you remain in control and possession of these premises? A. Right about five years. Q. What was the amount of improvements on the place when you disposed of it? ae = CLOSE IN CENTER 80 HARRY F. HILL, ETC., ET AL. VS. A. There was three houses and three wells; two barns—small barns, and two granaries that would hold 8,000 bushels of wheat; it cost me in the neighborhood of $2500. Q. What amount of ground was broken? A. It was all broken but just two or three little patches 128 one on the north side of the fence and a little bit on the— it was all on the north side, and some little bit down wher the water stood on it. Q. I will ask you what was the nature and character of this land when you bought it? A. ‘At the time I bought it, I didn’t know what it was. I told her I wanted five allotments; she said she had them, so she sent Frank Plato with me and showed me what they call the north horse pasture in between the Bitters. We went over the prairie part of it first and then down in the bottom. I said, I’ve got to have more land than this if I buy this. We went down on the east side of East Bitter and he showed me that land, and I said, I will buy this with the other, and finally she says, I will let you have it for twenty yearlings. | says, I can’t give you but fifteen. We settled for eighteen and | got it for eighteen Chickasaw yearlings. During this time I was turn over the yearlings to pay for the place she married Dr. Minter, and when it come time to turn over the yearlings in June he wouldn’ = the yearlings and I give him $270, then, for the eighteen year ings. | Q. What was the nature and character of that land at the time you bought it? | A. I didn’t know at the time. Q. What was the nature and character of it the first time you sav it? 129 A. There was a lot of water on it that looked like a lage I was dissatisfied with it. Q. I will ask you to describe the lands that you purchased fron Mrs. S. L. Campbell? Contestants object on the ground that the quit-claim deed intro duced in evidence is the best testimony. By the Commission: He has stated that the quit-claim deed cover more land than is involved in this controversy. Objection withdrawn. Q. Describe the land that is in contest here as purchased by yo from Mrs. S. L. Campbell. A. There was one little piece of ground east of West Bitter, te or twelve acres broke out, and then the other field was 60 or 70 acres in other words the beginning corner that this bill of sale calls for south of the Purcell road and east of West Bitter was a little field ¢ ten or twelve acres. Right about a quarter from that field _——_— — - — rani nv cwrximown FRANK REYNOLDS, ETC. 81 another little field, along the east line of my line on that section was 60 or 70 acres broke out, fenced off to itself. Between those two fields there was elm grubs, small thickets. South of the field there was a dog town. East and southeast I suppose there was 200 or 250 acres that was most of the time under water; so I looked around and I had done brought it and I went to work and had it drained; I give a fellow the rent of the place and another $25 to plow ditches there. Q. I will ask you if the land taken possession of there by you in- cluded in this contest fillowed the section lines, or is it bounded by other means than the section lines? A. I had to go from what Mrs. Campbell told me; I took 130 possession of the land inside of the forks of the creek sup- posing it to be a mile square. Q. I will ask you if during the time you were in possession and control of this land, anyone else ever set up any claim to it? A. Three years, about, after 1 had owned the land I got a written notice from Holding & Bond as attorneys for Jim Tuttle and Dr. Minter claiming the land. Q. I will ask you if you were ever advised that any suit had been instituted. Do you know if any suit was ever instituted by Mr. Tuttle or Dr. Minter for the possession of this land? A. There was not. Q. I will ask you if, after you went into possession of this land, you ever had a conversation with Mr, James Tuttle concerning the transfer and control of the lands in contest here? § Az Yes sir. Contestants object unless time and place of conversation are shown. Q. I will ask you if a short while after your purchase of these ‘Wlands you had such a conversation with Mr. Tuttle in the City of Chickasha? A. In February, about the 14th or 15th, they sent me word. I was following those lines, 1 had got it without seeing it, and it seemed to go here a hundred yards south on the Purcell Road, to commence at that corner and then commence and run across the creek, and it was understood when she sold me the place that I didn’t get no house. Contestants object to what was understood, the quit claim deed *Ebeing in evidence. Tuttle sends me word, I don’t know who by, that he wanted to see me. Tuttle says I understand you are going to run across 131 into the Campbell estate on that deed that you claim under Mrs. Campbell. No, I says, you are mistaken, Mr. Tuttle, Bl am just going to the creek. I didn’t buy no house and didn’t get no house, and from the corner that I see they claim as the com- Mmencing point would leave me 80 acres in the upper end of the SMfield. That was right in front of Pettyjohn’s drug store in Chicka- sha; That was about the 14th or 15th of February, 1899. “— Q. I will ask you if you are the owner and in possession of the ads in controversy here at this time. 82 HARRY F. HILL, ETC., ET AL. VS. A. Yes sir. Q. I wiii ask you if at the time you purchased the lands fron Mrs. Campbell, you also took possession of that land? A. I certainly did; that was inside of the fence I bought fron Q. Did you control and cultivate that land? A. I broke it out the seeond year, all but a little bit that was to Q. Did you remain in control of it until you transferred you interest. A. Yes sir. ; Q. Do you know how lon. Hill had been in possession 0 that? A. He fenced it off the first day of last January a yea 132 ago; had it fenced. It was about half past eleven when got out there; I never knew anything about it until he go it fenced. Q. You say you broke that land out? A. Yes sir. Q. How long were you in control after that? A. Three years. I got three crops off of it. Cross-examination. By Mr. Bond: Q. You testified that you bought two pieces of land from Mr Campbell? A. Yes sir. Q. One north of the road and the other south of the road? A. Yes sir. Q. How much did you say you paid for the land north of th road? A. I paid $250. Q. How many acres were in that piece of ground? A. I never measured it, I don’t know. She claimed there wi 800 or 900 acres, but she said for me to go and look at it. Q. Don’t you know there is something like 1200 or 1500 acn in that north pasture? A. I would be willing to give $40. an acre if there was, if a ma will give me ten for all there is under 1400 acres. Q. Yes, you only paid $200 for it? A. I only paid $250; that was all she asked. FRANK REYNOLDS, ETC. 83 Q. Then you claim to have bought some land south of the road, and that land south of the road is this land in controversy here? A. Yes sir. Q. Was not that land south of the road nearly all bottom ? A. I paid $270. _ Q. At the time you bought this land did 7 not know that J. H. Tuttle was guardian for the Campbell heirs? A. I didn’t know only what she told me. Q. How long had you been living in or around Chickasha at the time you purchased this land? A. I never had been there but once. Q. Did you not go to Mrs. Campbell and tell her that if she did not sell you this land she would be fined five hundred dollars? A. I never knew anything about the Indian police and never told her that or nothing like that. Q. Did you not send a man to her who did? A. I did not. Q. Did Mrs. Campbell read this deed, or did you have it read to her? A. Her lawyer read it to her. Q. Was it your lawyer, or hers? A. She took me to him; I never saw him until then. Q. Is it not a fact that Mrs. Campbell did not read this deed and that she told you at that time that she only intended to sell the land north of the road except about forty acres down there east of West Bitter Creek? A. She certainly told me she wanted to sell that whole section south of the Purcell road. Q. You testify that you had been in the ble gC of this land since the time you purchased it? It is not a fact that you knew all the time that Mr. Tuttle had an adverse claim; that he was claiming it for the Campbell estate? 134 A. I never heard of it. Q. Did not George Ladd come to you shortly after you moved on this land and tell you to quit the possession of this land? A. George Ladd certainly come to me and wanted to trade me 820 acres that the Campbell Children, I don’t know which, sold to r. Bailey. “2 Did he not come to you and tell you to quit possession of that an A. He did not. Q. Didn’t he tell you that he-came as Mr. Tuttle’s foreman and that Mr. Tuttle claimed that land for the Campbell heirs? A. He did not. Q. You testified in your direct examination that you had a con- versation with Mr. Tuttle about this land. Did you have a con- versation with Mr. Tuttle? 84 HARRY F. HILL, ETC., ET AL. VS. A. I certainly had one, right in front of Pettyjohn’s drug stom Q. You are absolutely positive of that? A. I sure did. Q. You are just as positive as to this conversation with Mr. Tuttle, as you are of anything else you have testified to? A. I think Mr. Tuttle will say I did too. Q. Why did you not issue a subpena for Mrs. Minter to be pres ent at this trial? A. Because I didn’t want to. Q. Do you intend to take in allotment for yourself or any of your heirs this land in controversy? A. No sir. Q. You are absolutely sure that George Ladd didn’t come to you and tell you to quit the possession of this land? A. Yes, I am sure of it. Q. Were you ever indicted by a grand jury for perjury! 135 A. I was by George Ladd swearing to a lie. By Mr. Melton: Q. Were you ever convicted in a court at South McAlester of obtaining money under false pretenses? A. I was accused and got clear of it. Q. Were you ever convicted by a jury? A. No, it never for to the jury. 1 was in jail twenty days; %& soon as I got a trial, I come clear of it. Q. To whom did you sell this land? A. I sold it to J. W. Brimmage. Q. What did you get for it? A. I was to get $1500. Q Did you get it? Did Brimmage pay you anything for this land? A. I had to go and buy him off. He paid me fifty dollars on the trade and was to give me a note and I gave him back his note; he gave two notes for $1500. Q. He paid you fifty dollars for this place? A. Fifty dollars on the trade. Here the contestees requested permission to introduce in evidence the transfers that should have n indentified and introduced in direct examination; one being a quit-claim deed from J. W. Blass ingame to the man Brimmage; and the other a transfer from himg to Charles O. Reynolds, in order to complete the chain of title; same being marked Exhibits F and G, respectively. Redirect. By Mr. Bailey: Q. I will ask you to look at these instruments and state what they are, and if that is your signature (Handing witness papers). A. This is the deed that I sold to Brimmage. A. Is that your signature? PY BOUND a FRANK REYNOLDS, ETC. 85 (The instrument referred to is a deed from Jas. W. Blassingame to Jno. W. Brimmage; marked “Exhibit F.”’) Q. Look at this other instrument and state what it is? A. This is the transfer that Brimmage had to Reynolds. Q. Did you see Brimmage sign that? A. Yes sir. Mr. Bailey: The Contestees now offer in evidence a bill of sale from J. W. Blassingame to John W. Brimmage for the lands here in contest, which said bill of sale bears assignment from the said John W. Brimmage to Charles 0. Reynolds for the said land, and ask that the same be marked “Exhibit G.” Q. Now I will ask you to state if you have ever been paid by Mr. Reynolds or by Mr. Brimmage for the lands transferred under these instruments? A. Yes sir, I have been paid. Q. Who paid you? A. Mr. Reynolds. Q. Why did Reynolds pay you instead of Brim: age? A. You understand I went to Mr. Reynolds and told him that as Brimmage could not pay me, I would go and get the release from Mr. Brimmage if Mr. Reynolds would pay for the place. So I went to see Brimmage and got the release; then he paid me five hundred dollars down and gave me a note. I forget now how long the note was for, but he paid it when it was due. Q. What was the amount? A. One thousand dollars. Q. Then Mr. Brimmage simply transferred his rights to Mr. Reynolds? A. That was the way it was. 137 Q. You were asked awhile ago if you were ever indicted for perjury in the court at Chickasha. What became of that indictment? A. They throwed it out of court. Q. Were you ever tried? A. No sir, it was dismissed, Q. You were asked if you were ever indicted for obtaining money i@ under false pretenses at South McAlester. What became of that in- +@ dictment? if A. That was throwed out. Q. Do you know where the heirs of the Campbell estate—Mont, Holmes, Rex and John—have taken their allotments? A. I have a pretty good idea, yes sir. Q. Is it on the old Campbell place? Contestants object unless he knows. A. The youngest ones are located on the old Campbell place. Q. Where are the old ones? A. I don’t know where they are located; they have sold their 4and out they had there. CLOSE IN CENTER —_————eiet — 86 HARRY F. HILL, ETC., ET AL. V8, Q. Do you know how much land Mr. Campbell was holding ther at the time of his death? A. Ido not, I have a pretty good idea. Recross. By Mr. Bond: Q. Do ete know whether any of the Campbell heirs have filed upon the lands and taken them in allotment? A. I do not; I only know their holdings. By Mr. Melton: This quit-claim deed from you to Brimmage was executed on the 10th day of December, 1902? There was a suit pend- ing in the court at Chickasha for the possession of that place at that time, was there not? . I think there was. Brimmage knew of that, did he not? © 13 oe es, He knew of it when you executed this bill of sale? . He said he did. . Brimmage transferred his quit-claim deed to Mr. Reynolds on the 6th day of March, 1903. Do you know whether or not at this time Mr. Reynolds knew that this suit was pending in the United States Court against you for the possession of that land? . I don’t know whether he did or not. Did you not tel! him of it? I don’t believe I did; I don’t think I told him. Do you know whether or not anyone else told him? No. Led you received $1500 for this place? I did. And the entire consideration had been paid? . Yes sir, he don’t owe me one thing. . You are acquainted with these lands? . Yes sir. . Are you acquainted with the value of Indian lands up in that locality? A. No sir. Q. You are acquainted with these lands and the value of land of that character in that county? A. I don’t know whether F understand the value of them or not Q. What difference, if any, was there in the value of these partic ular lands in 1903 and 1899? A. That particular piece of land? OPOPo> OPOProre> OPor> 139 Q. Yes. A. I suppose about three thousand dollars difference in price of it. at It was worth three thousand dollars more in 1903 then it then? A. That was my estimate. ——— a) COPY BOUNI FRANK REYNOLDS, ETC. 87 Q. So you sold an eight thousand dollar place for fifteen hundred 9 A. No, the two of them, Q. You asked Mr, Jiill five thousand dollars for this place im- mediately after you had paid two hundred and fifty dollars for it? A. I paid five hundred and thirty dollars and put twenty-five hundred dollars in two houses, two barns, dug three wells, changed the fence and broke out I suppose 125 or 150 acres. Q. You had not done all that when you telegraphed Dave Hill and asked him five thousand dollars? A. I certainly had; I commenced right in February and done all this work and I had 150 acres nearly, on the other place broke out, Q. You testified that this land was worth three thousand dollars more in 1903 then it was in 1899? A. I told you it might be that. Q. If it was worth five thousand dollars in 1899, what was it worth in 1903? A. I told you I didn’t know; I don’t know what it is worth now. Q. You took fifteen hundred dollars for it? A. No, I got thirty-five hundred dollars for the two places. Q. What two places? . The two places you were asking me about. Q. Iam asking you about the land in controversy? A. I thought you were talking about both of them. I 140 offered them to Dave Hill for five thousand dollars; I in- cluded it all that I got from Mrs. Campbell. es —ma 2 offered to sell this land to Scott Jones, didn’t you? . Yes. Q. For how much? A. Two thousand dollars. Q. Scott didn’t take it did he? A. No. Q. Brimmage would not pay you until he got the land? A. He wasn’t afraid of that; he said he wasn’t. By the Commission : Q. Where did you come from to Chickasha, Mr. Blassingame? A. I came from Purcell. Q. And where from Purcell, > A. South McAlester. Q. And where from to South McAlester? A. Denison, Texas. Q. What business are you in? A. Hide business and cattle business. Q. Buying up hides and selling them? A. Yes sir, rz) . You stated that you had been arrested for obtaining money under false pretenses at South McAlester? A. Yes sir. Q. And also that you had been indicted for perjury? = Rm D CLOSE IN CENTER 88 HARRY F. HILL, ETC., ET AL. VS. A. Yes sir. Q. Were you ever arrested for any other crime? A. No sir. Q. Either in Denison or South McAlester? A. No sir. 141 Frank W. Plato. Frank W. Prato, a witness for the contestees, herein, having first been duly sworn, testified as follows: Direct examination. By Mr. Bailey: State your name? . My name is Frank Plato. Where do you live? I live north by east two miles from Chickasha. In what business are you engaged? . I am a farmer. How far do you live from the lands in controversy here? About four miles, I reckon. Are you acquainted with Mrs. S. L. Minter, who was Mn . Campbell? Yes sir. . How long have you known her? . I have known her personally about fifteen years; knew of twenty-five years. Q. Were you acquainted with C. L. Campbell in his life-time? A. Yes sir. Q. .When did he die? A. T don’t know the exact date. I should judge he must ha died in about 1897. Q. He has been dead seven or eight years? A. Yes sir. Q. Do you know, Mr. Plato, how much land was held by Mr Campbell at the time of his death? ie) >O>HOPOPO>O>O Contestants object as incompetent and irrelevant. Counsel were here informed by the commission that there was no law in existence in 1896 that would prevent a man from 142 having excess holdings; the act of Congress not having been passed limiting them to any particular tracts or authorizin them to select their allatments. A. Approximately yes. Altogether he had a good many thot sand acres of land; I couldn’t say exactly how much. Q.- About how much, to the best of your knowledge and you acquaintance there in that country? A. I should judge he had twenty thousand acres ultogether—l don’t believe he had quite twenty thousand acres; probably fifteen thousand would cover it. COPY BOUND FRANK REYNOLDS, ETC. 89 Q. Were you acquainted and familiar with the lands conveyed by Mrs. Campbell to Mr. Blassingame, at the time those lands were conveyed to Mr. Blassingame? A. Yes sir, \ Q. I will ask you what improvements were on those lands at that ? A. There was some fences and two small fields in cultivation. Q. Were you acquainted with these lands and familiar with them at the time Mr. Blassingame conveyed them to Mr. Brimmage or Mr. Reynolds? A. T have been there, of course; haven’t been over the lands but have been by there several times. Q. What improvements were on the place at that time? A. It was nearly all in cultivation and several houses, and I think agranary ; small houses, one or two. Q. Practically all in cultivation? A. Yes sir. Q. State if you know Mr. Plata who was in possession and control of the lands transferred to Mr. Blassingame by Mrs. Campbell at 'the time those lands were transferred to Mr. Blassingame? A. I don’t know exactly who was in possession; I know Mrs. Campbell was living on the land. 143 Q. Who was cultivating these lands at the time of this transfer? A. I could not say exactly who was cultivating that land. I know they were having some trouble over it. I don’t want to commit myself there; I can’t say who was cultivating them. Q. Do you know when Dink Sherwood was in possession of and cultivating the land? A. I was about to say I thought he was cultivating those lands but I don’t know it positively. Q. Do you know what years he did cultivate that land? A. I am satisfied that Dink Sherwood had possession of Mrs. — house at the time that trade was made; I am satisfied at. Q. The Campbell home place? A. She let him move into her home house. Q. How far is the Campbell homestead from the lands in con- versy here? A. The lands run up to within, I should judge 600 yards of the Q. Do you know, Mr. Plata, whether or not at the time Dink Sherwood was living in the Campbell house he was cultivating the lands, or part of the lands, in controversy here? A. Yes sir he was. Q. Do you know from whom or under whom he was renting that and at that time? . A. No sir, I do not. Q. Do you know when Mr. Blassingame went into possession and control af then lands? A. Not the exact day of the month; I know the year. CLOSE IN CENTER 90 HARRY F. HILL, ETC., ET AL. VS. Q. State when that was? A. I should judge it was about five years ago, about ’98 or 9%; one of those years. 144 Q. Had he remained in possession and control of lands since that time, if you know? A. I suppose so. I certainly know him or the man he sold has been in possession of it; I don’t know that he has. Q. Do you know who is jn possession and control of the land ¢ this time? A. I heard Charléy Reynolds is. Q. Do you know Mont Campbell? A. Yes sir. Q. Do you know whether Mont Campbell is living on a part of the old Campbell place at this time, or not? A. Now, yes sir. Contestants object as incompetent, irrelevant and immaterial. Q. Do you know Holmes Campbell? A. Yes sir. Q. Do you know where he is living now? A. He is living with his mother, I suppose; he makes his h with his mother. Q. Do you know Mrs. S. L. Minter? . Yes sir. Where is she living at this time? She is living on her homestead. The old Campbell place? Yes sir. Do you know Rex and John Campbell? Yes sir. Do you know where they are living at this time? Yes sir, staying with their mother, but they have got home on the old Campbell place; John, I think stays on his place and Rex with his mother. Q. ‘Do you know L. A. Campbell, commonly called “Bud”? A. Yes sir. 145 Q. Where is he living at this time? A. He is living at Minco. POPOPOPOP -Cross-examination. By Mr. Bond: Q. You testified that Mr. Campbell at the time of his death holding something like 15,000 acres? . I should judge about that much; prairie land and all. You were fairly acquainted with his holdings? . Yes sir. : 5. it not a fact that most all of this land was prairie land? es. It was rough, broken land, was it not? . Yes sir. POPo>ro> —_——-- oo COPY BOUNE FRANK REYNOLDS, ETC. 91 Q About how much of the holdings of Mr. Campbell at that time was bottom land—a rough estimate to the best of your knowledge? A. Something between 2,000 and 2,500 acres was bottom land. Q. About how much of that land, in your judgment, was in cul- tivation ? A. Somewhere in the neighborhood of 1200 or 1500 acres; pos- sbly more, possibly less. Q. You were acquainted with the home place where he lived? A. Yes sir. Q. You were acquainted with the house? A. Yes sir. Q. In your judgment about how much was that house worth there, his home place? A. Thirty-five hundred dollars. Q. You were acquainted with his barn at the home place—how much was that worth? Objected to by Contestees as incompetent and immaterial. 146 Q. This land lying immediately around the house there in cultivation is all bottom land? A. Yes sir. Q. You are acquainted with Mr. Minter, the husband of Mrs. Minter? A. Yes sir. Q. Do you know whether or not he is holding an allotment on that place there? A. Yes sir, he is holding an allotment. Objected to by Contestees as incompetent and immaterial. Q. Do you know whether or not he is holding an allotment for his child there? A. Yes sir. Contestees object for same reason as above, Q. This land in there is all bottom land? A. All bottom land, yes. Q. Mr. Plato, were you present when the sale of this land from Mrs. Minter to Mr. Blassingame was consummated? A. Not at the time; I was there when the trade was started. I came there heard the papers read afterwards. She had sent me to ymake this horse pasture trade on the north side of the road; I took Mr. Blassingame out there to make this trade, and in fact sold him the horse pasture. Then he wanted to buy this other land and he asked Mrs. Campbell what should —- take for that. She told him she couldn’t sell that land without seeing Mr. Tuttle. At that time Mrs. Campbell was living in town and I was running a livery stable in town at that time. She told him she would go and see Mr. Tuttle, and we set a time to meet at Shepherd’s office to fix up the papers on the horse pasture. I had never heard anything about this land in controversy entering in the trade anywhere at that time, and 147 when Mrs. Campbell came back from Minco I went to the house after her and took her down to Shepherd’s office. and = D CLOSE IN CENTER — 92 HARRY F. HILL, ETC., ET AL. VS. while they were fixing the papers on this horse pasture Mr. Bi ingame made a proposition to her about a mile square of this la from the road down, and Mrs. Campbell never asked me no questi about it. I expected her to ask me what I thought about it, but didn’t and it was none of my business. I turned and walked and stayed out until the trade was closed. After the papers signed I came back and heard them read and saw her sign them That is all I know about the place at all. Q. Did she say anything up there that day about having tos Mr. Tuttle about the sale of that land? A. There was nothing said about the sale; she said she was going to see Mr. Tuttle about the land on the east side of the creek. By the Commission: Q. Was Mr. Blassingame informed about the land held by wk Tuttle for these children at the time he made this trade, either by you or by Mrs, Minter? A. TI think that he was, because I am satisfied that I told hi that Mr. Tuttle—in fact he knew that Mr. Tuttle was administra of the estate. Evervbody knew that that lived in that country. Q. Did he know that these particular lands were being transfern to him in which the estate owned the interest? A. I couldn’t tell you that. When she came to me to gos this horse pasture T think she told me, but I am not positive of that Jim had given her permission to sell that horse pasture. Q. Is that part of the land that was set aside for the children? A. That was part of the estate; it was not part of the home fam It was high, hilly, prairie land. 148 By Mr. Melton: Q. That was not a part of the land in controversy? A. No sir. Q. Was Mrs. Campbell present when Mr. Blassingame told yo that she would have to see Mr. Tuttle about selling that land? A. The land east of the house, yes sir, Mr. Blassingame was pre ent. That was when I went in from the sale of this horse pas I made the trade with him and drove directly to her house and te her I had sold the pasture to Mr. Blassingame, and told her als that Mr. Blassingame wanted to buy this land across East Bitte Creek, and she told him she couldn’t sell that land without seein Mr. Tuttle. By the Commission: Q. Was that the land in controversy? A. No sir, that land is not in controversy. Q. East of Bitter? A. East of Bitter; that is the land that Dr. Minter or his daugh has now allotted. COPY BOUND a ee -_- FRANK REYNOLDS, ETC. 93 Redirect. By Mr. Bailey: Q Mrs. Minter—Mrs. Campbell—told Mr. Blassingame she could ot dispose of the land east of East Bitter without Mr. Tuttle’s onsent? A. Yes sir. Aa Q. That land is not involved in this suit? . No sir. ry Did ou hear Mrs. Campbell say anything to Mr. Blassingame bout not tsa able to dispose of the land that is in litigation here without Mr, Tuttle’s consent? 49 A. At that time? Q. Yes sir. A. Not at that time, but I did later on. After the trade on the orse pasture had been made, when we went to Shepherd’s office draw up the papers, then Mr. Blassingame made the proposition o her for this land, a mile square. ; Q Was anything said at that time as to who owned this land, n litigation here? A. I have no recollection of it. : -Q. Was anything said as to Mr. Tuttle having to give his con- t? Ph. No sir, I have no recollection of that. -Q You heard this deed read to Mrs. Campbell? A. Yes sir. Q. Did the deed as read to her convey this mile square south of he Purcell road? A. Yes sir. Q. Did you see Mrs. Campbell sign that deed? A. I did, yes. Q. Do you know who witnessed that deed at that time? A. Floyd Herman I believe was one of them. Q. I will ask you if it was Mr. R. W. Shepherd, the lawyer? A. I believe it was. f Q. Now, Mr. Plato, are you familiar with the general values of ds, the prices of lands, as they ranged in the vicinity of this pbell place during the years of 1898 and 1899; do you know t such land was selling for at that time? A. At that time there were but few transfers; I don’t know. bably there were some very good prices, owing to the improve- ments; and some did not bring good prices. 50 Q. I will ask you if lands at that time were not selling simply for the value of the improvements on them? A. Yes sir. Q. Is it not a fact that at that time there was a current belief d information among the ort the citizens of the Chickasaw ation, that their allotments would be cut down to a certain number acres? raideesstaer CLOSE IN CENTER a 94 HARRY F. HILL, ETC., ET AL. VS. Objected to by Contestants as incompetent, irrelevant and in material. Q. That is true is it not? A. Yes sir. W. D. Bailey. W. D. Batrey, a witness for the Contestees herein, having been first duly sworn, testified as follows: Direct examination. By Mr. Bailey: Q. State your name? A. W. D. Bailey: Q. What is your age, Mr. Bailey? A. I am so old I have forgot; forty-seven I believe. Q. Where do you live? A. I live four or five miles east of Chickasha, Q. Are you acquainted with the land in controversy? A. Yes sir. Q. How far do you live from these lands? A. It is about a mile and a quarter from my house. Q. How long have you been familiar with these lands? A. I was there before there was ever a fence, before Cam fenced it. Q. Were you acquainted with these lands in the year 18 151 A. Yes sir. Q. Tell the Commission what was the condition and amount of improvements on these lands at that time. A. I never measured the land, but I suppose in the two pa of land there was about 23 acres, maybe more cr less, broken There was a little patch over on the creek, close to a dugout, some towards Mrs. Campbell’s house. Q. This land in controversy here is part of the old Camp and? A. Part of the old Campbell estate, the land he owned. Q. Were you acquainted with C. L. Campbell? A. Yes sir. Q. Was he a white man or an Indian? A. White man. Q. Do you know how much land he was holding at the time his death Objected to by Contestants as incompetent, irrelevant and i terial. A. I could not tell you to save my life; he was holding quite lot in that pasture on Bitter Creek; I don’t know how much p there was there. Q. I will ask you if you know how much in cultivation he holding at that time? COPY BOUND ¢ tamer FRANK REYNOLDS, ETC. 95 Contestants object for same reason as above. A. He had in, I suppose, not under 1,200 acres, meyvbe 1,500; I don’t know, exactly as to the amount of cultivated land he had in, but suppose about 1,200 acres. Q. t will ask you if you ever bought any land, a part of the old Campbell place, from Holmes Campbeil? A. Yes sir. Q. How much? & 152 A. I bought 320 acres. Q. When was that? A. It was last winter, a year ago. Q. Was that land you bought from Holmes at that time a part of the old Campbell place? A. Yes sir. ; Q. I will ask you if you are familiar with the land in litigation here; and if you were familiar with the land in litigation at the time Mr. Blassingame sold it? A. Yes, I was living there. Q. What improvements were on that land at that time; at the time — he sold it? A. Now, I said I was familiar with it; really I am not; I think he had two sets of houses and a couple of granaries, something like Q. What part of it in cultivation? A. Quite a lot of the land, in cultivation; I guess probably 400 acres, just to guess at it. " COPY BOUND ¢ i FRANK REYNOLDS, ETC. 101 By Mr. Bailey: Q Mr. Bond, I will ask you to look at that (handing witness ok) and say what it is, if you know? A. The laws of the Chickasaw Nation. Q. Do you know whether or not these laws are in force and effect? A. In my opinion they are. Q. You have been a practicing attorney in the Chickasaw Na- ion for sometime, have you not? A. Yes sir. Mr. Bailey: If the Commission please. I desire to read certain laws from this lume, entitled “Constitution and Laws of the Chickasaw Nation ther with the Treaties of 1832, 1833, 1834, 1837, 1852, 1855 nd 1866. Published by authority of the Chickasaw Legislature y Davis A. Homer, 1899. The Foley Railway Printing Com- ny, Parsons, Kansas.” On page 200, under an act entitled “An Defining what shall constitute a Claim in the Chickasaw Na- m”, section 6: “Be it further enacted, that any citizen who shall abandon any ‘gaim for the period of two years (it) shall become public domain the Nation, and subject to entry by any citizen of this Nation; ny act or part of Acts coming in conflict with the provision of his Act be and the same is hereby repealed, and that this act take fect from and after its passage. Approved, September 24, 1887, ’. M. Guy, Governor.” I also desire to read sections 8 on page 74 of the same volume, nder an act entitled “An Act in relation to Guardians, their duties ” “Be it further enacted, That a guardian shall not sell any prop- erty of a minor or minors, unless said minors are actually 62 suffering for the want of means to support them, then, in that case, the Court may grant them an order to sell any prop- y for the support of such orphan minors; and if there is any perish- ble property, and the Guardian can satisfy the Court, then he or she hay sell such property.” Also Section 9 of the same act, reading as follows: “Be it further enacted, That all minors shall be deemed com- ent to take charge of their property when they marry, or a male frives at the age of nineteen, and female at the age of eighteen.” Contestees Close. ‘ Mr. Melton: We desire to place in evidence the original papers in the case Dave Hill vs. J. W. Blassingame, being Case No. 741, filed n November 25, 1902, in the United States Court for the Southern istrict of the Indian Territory at Chickasha, October Term, 1903, hd ask that the same be marked “Exhibit I.” Contestees object for the reason that the same is improper at this me, and for the further reason that any suit pending in the United ates Court has no bearing on this suit. LOSE IN CENTER ————— HARRY F. HILL, ETC., ET AL. VS. James H, Tuttle (Recalled). James H. Tutte, a witness for the Contestants, being recalled testified as follows: : By Mr. Bond: Q. Mr. Tuttle, did you have a conversation with Mr. Blassingame in the City. of Chickasha in front of the Palace Drug Store, about the 14th or 15th of February, 1899, in regard to this land in con troversy ? A. T have had a conversation with Mr. Blassingame no time. Q. If Mr. Blassingame stated in his testimony that he hada conversation with you at that place and at that time in regard this land, that is not true, then, is it? A. No sir, it is not true. Q. Mr. Tuttle, what proportion of the Campbell estate, that is the lands, did you turn over to the different heirs as they reached the age of majority; and what have you done with the residue, j any? A. T have turned over about their proportion of the land and it off for them as they came of age. I still hold the residue of it By the Commission: Q. Did vou ever set aside any portion of the land as the porti of Mrs. Minter? 164 A. T set aside 160 acres, and she set aside about 1,500 herself. Then she set aside a certain proportion for herself? Yes sir. Did vou ever confirm that selection? No sir. Did the probate court ever confirm it? No sir. By Mr. Bond: . Did Mrs. Minter take in allotment the land on which home is situated? A. She taken in that allotment and two allotments east of th Q. For whom did she take those two allotments east of there A. She taken it for the little girl by Dr. Minter and one f Dr. Minter. Q. Did you consent that she should take a part for Dr. Min A. I did not. Contestees object as incompetent, irrelevant and immaterial. Q. How much was the house located on her allotment valued A. About $4,000. By Mr. Bailey: Q. How much land have you assigned to Mont Campbell? POPOPO roy is ea yr eee ah ce Aa IIE ES ae Se Te COPY BOUND | FRANK REYNOLDS, ETC. 103 A, I have assigned Mont Campbell about 320 acres. Q. How much land have you assigned to Holmes Campbell? A, I think he got 246 acres, with 160 over on the other side. I ist cut that place in two as they drawed it and just let them allot i lands as they drawed, and I am taking care of the children’s id of it myself. Q. How much have you assigned to L. A. Campbell? A. He got about 320 acres, : Q How much have you assigned to Rex Campbell? A. Rex got something like 200 acres. 35 Q. Is he a minor, unmarried? A. Yes sir. Q. How much have you assigned to John Campbell? A. John Campbell got a little over 200 acres. Q. Is he single? A. Yes sir. Q. How much have you assigned to Mrs. Campbell? A. I haven’t assigned her anything, she assigned it to herself, Q. How much did she assign to herself? A. She assigned herself the Blassingame land and three allot- ents for herself. Q. Is Mont Campbell married? A. O yes. Q. Has he any children? A. Two. Q. How old is the oldest one? A. Somewhere about three years. Q. How old is the youngest one? A. About a year old. Q. Is Holmes Campbell married? A. No sir, Q. Is L. A. Campbell married? A. Yes sir, Q. And Rex and John are single? A. Yes sir. Q. As I understand these divisions you have made, they are your signments as those heirs would come of age? A. Yes sir, 2. sag of them have been confirmed or ordered by the court? . No sir. Q. None of them brought to the attention of any court? A. Yes sir, when I got ready to settle with them they told me I was acting for the Campbell estate. Q. Have you ever had a final settlement? A. No sir. . You are holding the remainder of the land for the estate? . When those boys file I expect to settle it. . At this time you are holding it for the estate? 6 Q A Q A. Yes sir. Semen CLOSE IN CENTER —_ —n 104 HARRY F. HILL, ETC., ET AL. v3. By Mr. Bond: Q. You allowed Mrs. Minter, though, to sell something like 12% acres north of the road? A. I gave my consent to that; yes sir, I did. Q. But you did not give your consent for her to sell the land in controversy ? A. No sir, she never spoke to me about it. Q. Nor for her to take in allotment the land she allotted for her. self, or that for her husband or his child? A. No sir. By Mr. Bailey: Q. You are certain that in front of the Palace Drug Store, in the town of Chickasha, during the month of February after Ve Blassingame had purchased this land from Mrs. Campbell, you never had any conversation with him? A. Just as certain as the sun shines. George Ladd (Recalled). Grorace Lapp, a witness for the Contestants, being recalled, testi fied as follows: By Mr. Bond: Q. Mr. Ladd, you testified in your direct examination that short time after Mr. Blassingame went into possession of this land in controversy, you went to him, acting as Mr. Tuttle’s forema and demanded that he quit the possession of the same. Is tha true? A. Yes sir. 167 Q. If Mr. Blassingame testified in his examination you never notified him to quit the possession of that land, i that testimony untrue? A. It is, Q. If Mr. Blassingame testified that you wanted to swap certain tracts of land, including some of this land in controversy is that true? A. No, I never offered to swap him any land, anything of kind, Q. Are you acquainted with the reputation of Mr. Blassingame i the community in which he lives for truth and veracity? A. Yes. Q. Is it good or bad? A. It is not good. By Mr. Bailey: Q. You and Mr. Blassingame are not very friendly, are you? A. Why, no not since he burned the grass there and they f a true bill against him. COPY BOUN FRANK REYNOLDS, ETC. 105 @ You appeared as a prosecuting witness against him for that? ALY es, Q _ appeared before the Grand Jury in a perjury charge? A, Yes sir. Q@ You all had some trouble about your tenants; he charged you sith interfering with them, didn’t he? A. No, had the trouble about this land. Q You are not very friendly? A. No, he wanted to come on the west side of the creek, he wanted set up a fence, and I would not let him come over there. Q. Who gave you this notice that you served on Mr. Blassingame? A. Mr. Tuttle. Q. In writing? A. No, sir. 168 Q. You just went over there and told him to get off? A. Yes, sir. Did you tell him or his man? I told him and some of his men. How long was that after he had been on that place? Thirty or forty days, something like that. Q. You just told him that Mr. Tuttle said for him to get off? A. Yes, sir. Q. Is it not a fact that Mr. Tuttle told you to tell Mr. Blassingame to get off that 80 acres below the creek? A. No, sir, he was never on that. Q. You are certain of that? A. Yes, sir. Ph —- Blassingame remained there for three or four years, did not? A. Yes, sir. Q A. Q A. H. D. Cloud. H. D. Croup, a witness for the Contestants herein, having been duly sworn, testified as follows: Direct examination. By Mr. Bond: Q. State your name. A. H. D. Cloud. Q. How old are you, Mr. Cloud? A. Thirty-two. Q. Where do you reside? A. Chickasha. Q. Are you a citizen of either the Choctaw or Chickasaw Nation? A. Yes, sir, a citizen of the Choctaw Nation. Q. How long have you lived in Chickasha, Mr. Cloud? A. I have lived there, with the exception of about eight 169 months, ever since the town started, I think it was in 1892 when it started. tee | CLOSE IN CENTER 106 HARRY F. HILL, ETC., ET AL. VS. Q. This is an action, Mr. Cloud, between the Hill and Reynolé: heirs. Were you ever a witness in this case? A. No, sir. Q. What is your business here at this time? A. Filing on the balance of the land. Q. Are you acquainted with Mr. Blassingame? A. Yes, sir. Q. Do you know his reputation for veracity in the community in which he lives? A. Yes, sir. Q. Is it good or bad? A. It is bad. Q. Have you any interest in this suit? A. None whatever, Cross-examination. By Mr. Bailey: Q. Mr. Cloud, you and Mr. Blassingame are not very friendly, an ou! r A. Well, we are on speaking terms; yes, I think we have kind o made friends. Q. You went before the Grand Jury and had Mr, Blassingam indicted, did you not? . Yes, sir. You were a Government witness in that prosecution? Yes, sir. You also brought suit against him, did you not? . Yes, sir, I brought suit before I had him indicted for perjury You all have not been very friendly since then? Not up till lately. You were not on speaking terms for quite a while? A. No, we always spoke. 170 Q. You uaneouly averted difficulties, didn’t you? A. No sir. Q. Are you thoroughly friendly with him now? A. I have dropped everything against him now. Q. Your testimony in this case shows you are friendly with hit now? A. I have nothing whatever against Mr. Blassingame now. OPOPoro> C. E. Atkinson. C. E. ATKINSON, a witness for the Contestants herein, having fir been duly sworn, testified as follows: Direct examination. By Mr. Bond: Q. State your name to the Commission. A, C. E. Atkinson, COPY BOU FRANK REYNOLDS, ETC. Q. What is your age? A. Thirty-two years old. Q. Where do you reside? A. Chickasha. Q. Are you a citizen of the Chickasaw or Choctaw tribes? A. Chickasaw. Q. Are you acquainted with Mr. Blassingame? A. Yes, sir. Q. Are you acquainted with his reputation in the community in which he resides, for truth and veracity? A. To some extent. Q. Is it good or bad? Are you acquainted with his general reputa- tion for truth and veracity? A. Yes, sir, I believe I am. Q. What is it, good or bad? A. It is rather bad. 171 By Mr. Melton: Q. You are not interested in this suit in any way are you? . No sir. You are not related to either of the parties in this suit? No sir. You have no interest in the matter whatever? No sir. . You are not here as a witness in this suit? No sir. >POPOPO> Cross-examination. By Mr. Bailey: Q. Have you any ill feeling towards Mr. Blassingame. A. None in the world. Q. Have you had any business relations with him? A. None in the world. Q. Is this opinion that you have expressed his general reputation, or your own personal opinion about the matter? A. It is a matter of general reputation. Q. I will ask you if you did not state to me the other day that you yourself would not believe Mr. Blassingame on oath? a I don’t know whether I made that statement or not, in those words. ' Q. Is it not a fact that what you have stated here is simply your own opinion in the matter, and not indicative of Mr. Blassingame’s general reputation A. I think it is his general reputation more than it is my opinion. Counsel for the Contestants calls the attention of the Commission to the original applications made by the various parties herein for selection of allotments. Counsel for Contestees requested that plats of the land as rendered by the Government surveyors be filed as exhibits herein. arama ID CLOSE IN CENTER — 108 HARRY F. HILL, ETC., ET AL. VS. 171% Map. (Plat of part of plate of U. S. Government Survey of Twp. 7 N,, R. 6 W., I. M.) 172 It is hereupon agreed between counsel for Contestants and Contestees, with the consent of the Commission, that the tes timony of Mrs. S. L. Minter shall be taken before a Notary Public, and agreed to as the testimony that she would have given at this hearing had she been present, and shall be considered in this case by the Commission. The attorneys for the contestants are allowed twenty days after the service of the testimony in this case upon them in which to file a brief, and the attorneys for Contestees are allowed ten days in which to file their reply. Testimony of Mrs. Sallie L. Minter. Mrs. Satire L. Minter, being first duly sworn testified as follows: Direct examination. By Mr. Bond: Q. State your name, age and post office? A. Sallie L. Minter, age 51 years, post office Chickasha, I. T. Q. Are you a member of either the Chickasaw or Choctaw tribes of Indians? A. I am a member of the Chickasaws by blood—— Are you the widow of C. L. Campbell, deceased? Yes sir. , What year did he die? He died in the year 1896. Did he leave a will? Yes sir. Did you accept the terms of that will? Yes sir. POPOoPOoPO Objected to by Mr. Bailey as irrelevant, immaterial and incom- petent. 173 Q. Was Mr. J. H. Tuttle guardian under this will? A. Yes sir. Q. Did Mr. Tuttle authorize you to, or give his consent to your selling a certain piece of land, about six hundred acres south of the Purcell and Chickasha road? Objected to by Mr. Bailey as immaterial. A. No sir. a eal i aes te ees ee a aks RN I Re ORE Fe bat ee ee —_ COPY BOUND FRANK REYNOLDS, ETC. Cross-examination. By Mr. Bailey: Q. Mrs. Minter you say that you are the widow of C. L. Campbell, who died in 1896? A. Yes sir. Q. What year was it when you sold this land to Mr. Blassingame? A. It was five years ago last winter. Q. That was about the year 1898 or 1899? A. It was about five years ago. Q. Do you remember what consideration Mr. Blassingame paid you for the land? A. Yes sir, he paid me Two Hundred and Fifty Dollars. > That was the land lying south of the Chickasha and Purcell ? A. I do not know anything about it. Q. Mrs. Minter, you are familiar with the land now in the pos- session of Mr. Reynolds? A. Yes sir. Q. Mr. Blassingame went into the possession of that land imme- diately after you made the trade with him? A. Yes sir. Q. Did he remain in possession of that land all of the time until he sold #! o Mr. Reynolds? A. i °» not know. Q. You never had any interest or claim to it? 174 A. I had a child’s interest. Q. Mr. Reynolds is now in possession of this land is he not? A. I do not know who has possession of it, Mr. Reynolds told me he had possession of it. Q. After you sold that place to Mr. Blassingame did you ever have any conversation with Mr. Tuttle in regard to selling it? A. I think I did. Q. You were holding the land at that time? A. Yes sir. Q. Who was in control of the land that you sold to Mr. Blassin- game at the time you sold it to him? . We held the land together, the estate held it. Q. Who had that land rented that year? I do not know. Do you remember Mr. Dick Sherwood? Yes sir. Was Dick Sherwood on the place? Yes sir, he was working on the place. Mr. Sherwood was working that land was he not? . He never did work any land. . Did he lease from you? . Yes sir. No, I leased the land to a man named Coleman in Vernon, Texas, and he subleased it to Sherwood. . Q. You say you rented it to Mr. Coleman? eo >POPOPOPOP erm CLOSE IN CENTER lait i a ee ee a De i k ia . i Lian, 110 HARRY F. HILL, ETC., ET AL. VS. A. Yes sir, I rented my horse pasture. Q. Did that include this land over there? A. It included all on this side of the creek. Q. You had rented all of the land on this side of the creek to Mr Colemai and he subrented it to Mr. Sherwood? A. Yes sir. Q. You say, Mrs. Minter, that you had rented this land to Mr, Coleman, were you. in control of this land at this time? 175 A. There was no land specified when I rented to Mr. Cole man, there had heen no land specified in the contract, Mr, Tuttle was in control of all the land. Q. You made a trade with Mr. Coleman, did you? Yes sir. Who received the rents from that land that year? There was no rents, Did he make any crop that year? No sir. Who got Mr. Sherwood to leave here? I did, I bought him out, and paid him $400.00. He surrendered your lease to you? Yes sir. How many. children have you, Mrs, Minter? ‘Seven. Where is the oldest one living? She is in the asylum at Norman, O. T. Where is the next one living, and what is her name? Mrs. Carrie M. Tuttle, she lives at Minco. Where is the next one living? Monte, he is living here on the old estate. What is the name of the next, and where is he living? Holmes is the next, he lives at Minco. . Do you know whether he ever disposed of ‘any land, a part of old Campbell place? . Yes sir. Do you know whom he sold it to? To Hill and Bailey. Do you know how much he sold? I do not know. What is the name of the next child? Lawrence C., he is 19 years old. Where is he ‘living? A. Minco. Q. Has he an allotment there? A. Yes sir. Has he disposed of any lands here? Yes sir. Who did he sell to? He sold to Dave Hill. Who is the next child? John, he is 19 years old. Q. Where is he living? th ororererlorerererererorerersr 17 for) >O>O>O COPY BOUND FRANK REYNOLDS, ETC. 111 A. He is living here with me, he has a farm down here. Q, Here on the old place? A. Yes sir. Q. Who is the next child? A. Rex is the next child, he is 17 years old. Q. He is living here with you? A. Yes sir. Q. Has he a farm also? A. Yes. Q. This is all of your children? A. Q. A. Q. A. Yes. Has all of the Campbell children had their allotments? They have all had their allotments on the old home place. Some of the children have disposed of their allotments? Yes sir. . Do you know how many acres of land Mr. Campbell was holding at the time of his death? A. There was several thousand acres, about fifteen hundred acres in cultivation. Q. You have sold off a part of it and there is quite a considerable amount of land left is there not? A. Yes sir. 2 Was Mr. Campbell an intermarried citizen or a citizen by blood ? A. He was an intermarried man. 177 Q. He got his right through his marriage? A. Yes sir. Q. Now when you had this conversation with Mr. Tuttle in re- gard to the sale of the North Horse Pasture, was anything said about the sale of any other land? A. No sir. Q. After you had sold this land to Blassingame, did you ever say anything to Mr. Tuttle about it? A. I do not remember, I guess we must have talked about it, I did not know how much land I had sold. Q. You remembered the deed that was signed was read to you? A. I do not know, I thought the lines run north, I do not know anything about the land. Q. I believe you stated that the consideration had been paid? A. Yes sir. Q. So far as you know no efforts have been made to recover this land contested by Mr. Hill? A. No sir. Q. You do not want this land for your allotment, do you? A. No sir, I have done taken my allotment. Q. So far as you are advised your children do not want it for their allotments, do they? A. I do not know. Q. They all have land now? _A. That is what they say. Mont has never filed for himself or bis children. CLOSE IN CENTER 112 HARRY F. HILL, ETC., ET AL. VS. Q. How long after you had sold this land to Mr. Blassingame before you got Mr, Sherwood to release his lease to you? A. It was not very long, I never considered that at all when] was buying Sherwood out, I was buying him out to get him of of the place, he had possession of a part of the place and I wanted it. Q. You say there were no rents that year? 178 A. Yes sir, there were no rents. Q. Who got the rents off of this eighty or sixty-five acres for the years 1896-97? A. There was no rents at all, it was included in the Campbell estate rents and divided out. Q. Has there ever been any settlement of that estate, Mrs. Minter, has there been any final settlement? A. No sir. Q. What were you to get under the terms of the will? A. I was to get a child’s part. Q. Was there no separate assignment made of that estate? A. No sir. Q. Do you know whether there was any specified assignmen made to the children? A. I do not. Q. So far as you know the estate is to be divided out equally among you and the children? A. Yes sir. Q. The land was turned over to you and you proceeded to manag it—.-, A. No sir, he did not turn it over io me. Q. You made a lease with Mr. Coleman? A. No sir, there was no cultivated lands specified. Q. The lease you made to Mr. Coleman included this sixty-five or eighty acres of land? A. I do not know. Q. Was there any objection ever made to your lease with M Coleman by Mr. Tuttle? A. No sir. Redirect examination. By Mr. Bond: Q. All the lands that you held were the Campbell estate lands} . Yes sir. 179 Q. Mr. Tuttle controlled all the lands of the Campbel estate, did he not? A. Yes sir, he did all the renting and selling, made all of the leases and kept the proceeds. Q. You stated, I believe, that Mr. Tuttle gave you permission sell the north pasture? A. Yes sir. Q. You sold that to Blassingame, did you? A. Yes sir. COPY BOUNE FRANK REYNOLDS, ETC. 113 Q. Do you know how many acres was in that pasture? A. No sir, I do not. Q. How much did Blassingame give you for that land? A. He gave me $250.00. Q. This was the only land belonging to the Campbell estate that Mr. Tuttle gave you permission to sell? A. Yes sir, I told him I was going to sell the north pasture and he said sell it. Q. When this deed was signed by you, you did not know any- thing about the description of the land, do you? Objected to by Mr. Bailey. A. No, I did not. Q. Did they explain to you at the time the deed was read the part of the land that you were selling? Objected to by Mr. Bailey. A. No sir. Q. Were you on the land when you signed the deed? A. No sir, I was in Chickasha. Q. They did. not show you the land at the time you signed the deed ? . A. No sir, I did not go over the land at all. Q. At the time you signed the deed you were under the impression that the land run north in place of east, were you not? 180 Objected to by Mr. Bailey, for the reason that the same is immaterial, A. Yes sir, and I did not know the land run so far east. Q. You stated that Blassingame looped up to you and told you that your fence would be cut and that you would be fined $500.00. A. He told me that in town. Objected to by Mr. Bailey as immaterial and incompetent. Q. It was not your intention to transfer all of this land in the ? Objected to by Mr. Bailey. A. I do not know how much I did sell him, I do not know any- thing about it, I did not know how much I was selling, By Mr. Bailey: Q. How long have you been living here on this place? A. We have been living here about ten years. Q. How long had you been living here when you sold this land to Mr. Blassingame? A. I suppose about five or six years. Q. The location of your home place is immediately adjacent to the land you sold Mr. Blassingame? A. Yes sir. Q. I will ask you if it is not a fact that at the time you sold this eee ) CLOSE IN CENTER ———— ag 114 HARRY F. HILL, ETC., ET AL. VS. land to Mr. Blassingame, that it was the common opinion through. out the Country that a citizen could only hold sufficient land for his allotments and the allotments of his family, and that he would be fined if found with excessive holdings? A. That was the opinion, Q. At the time you sold this land, is it not a fact that Tuttle disposed of other land and fixed the value of the land at o- what the yg i ee were worth on the land? . I do not know, Mr. Blassingame fixed the price for me, 181 6° Do you know how many acres there were in the horse pasture when you sold it? A. I do not know. Q. I asked you if it is not a fact that it is a larger tract of land than the one you sold Mr. Blassingame? A. I supposed it to be, but I did not know that it was, I sold him that little place there on the creek. Q. At the time you sold this land to Mr. Blassingame, did you not consider that ie signed a contract for the possession and that you were not entitled to this land as a past of your old home place? A. Well since than I have found out that a person can hold some, surplus land, and they have of course improved land and held it a their surplus, By Mr. Bond: Q. At the time you sold this land, Mr. Tuttle, as guardian of the Campbell estate was in possession of all of the land? A. Yes, sir, he was in possession of all of the land, and that that I sold he was in possession of that. By Mr. Bailey: Q. You do not mean that he was cultivating it when Mr. Cole man was in possession of it. A. There was no land in cultivation when I rented it to Mr. Coleman. Q. Who was cultivating that eighty or sixty-five acres of land at the time you sold it? A. It was cultivated by the Campbell estate. Q. Whose stock was working that land? A. The Campbell estate aon Q. Had there been a division of the stock at that time? A. No sir. 4 Q. Have you, at any time suggested Mr. Blassingame, 182 after you made ‘this sale, that you had no right to sell that land and that you wanted it back? A. No sir, I never said anything about it, I told him two or thre times that he had cheated me out of it. By Mr. Bond: Q. Do you know whether Mr. Tuttle, guardian of the Campbell estate or your husband, Mr. Minter, took any steps towards recover ing this land from Mr. Blassingame ee a ee COPY BOUNI FRANK REYNOLDS, ETC. 115 fspt1AN TERRITORY, Southern District: - Add Melton, a Notary Public, within and for the Southern Dis- viet of the Indian Territory, do hereby certify that the above and megoing testimony is a true and correct copy of the testimony Mrs. Sallie L. Minter, taken before me in the consolidated con- ease of Ilill vs. Reynolds, both contestant and Contestee being present by attorneys at the taking of such testimony. (Signed ) ADD MELTON, [SEAL. ] Notary Public. 183 DEPARTMENT OF THE INTERIOR, OrFrice oF INDIAN AFFAIRS, WasuHineoTon, Nov. 25, 1912. I. F. H. Abbott, acting Commissioner of Indian affairs do hereby certify that the papers hereto attached are true copies of the originals ss the same appear on file in this office. ; In testimony whereof, I have hereunto subscribed my name, and caused the seal of this office to be affixed, on the day and year first above written. [sEAL. ] F. H. ABBOTT, Acting Commissioner. 184 L. L. B. DEPARTMENT OF THE INTERIOR, WasuHineTon, February 6, 1907. I. T. D. 4246-1906. Commissioner of Indian Affairs. Sir: March 12, 1906 (Land 20618), your office transmitted the record, together with the appeal, in Chickasaw allotment No. 236, entitled J. B. Hill, a minor, by his mother and natural guardian, Nellie B. Hill, Contestant, vs. Frank Reynolds, a minor, by his Father and natural guardian, Chas. C. Reynolds, contestee, involv- ing the N./2 of the S. E./4 of the N. E./4, the S./2 of the S. E./4 of the N. E./4, and the S. W./4 of the N. E./4 of section 32 T. 7, N., R. 6 W. containing 80 acres, with which is consolidated Chickasaw Allotment contest No. 237, entitled J. B. Hill, a Minor, by his mother and natural Guardian, Nellie B. Hill, Contestant vs. Willie Reynolds, contestee involving the N./2 of the N. E./4 of section 32, T. 7, N. R. 6 W., containing 80 acres; Chickasaw Allotment contest No. 238, en- titled Harry F. Hill, a minor, by his mother and natural guardian, Nellie B. Hill, contestant, vs. Frank Reynolds, a minor, by his father and natural guardian, Chas. C. Reynolds, contestee, involving the N./2 of the S. E./4 of section 32, T. 7, N. k R. 6 W.., containing 80 acres, Chickasaw Allotment contest No. 239, entitled Lewis James, a minor, by his legal guardian, Dave Hill, contestant, vs. Sheldon Reynolds, a minor, by his father and natural guardian, Chas. C. Reynolds, contestee, involving the W./2 of the S. W./4 See ) CLOSE IN CENTER _—— i 116 HARRY F. HILL, ETC., ET AL. VS. of section 33, T. 7, N. R. 6 W., containing 80 acres, and Chickasaw allotment contest No. 240, entitled Lewis James, by his legal guar. dian, Dave Hill, contestant, vs. Ethel A. Reynolds a minor, by her father and natural guardian, Chas. C. Reynolds, con 185 involving the N./2 of the N. F./4 of the N. W./4 and the W./2 of the N. W./4 of section 33, 'l. 7, N., R. 6 W., con taining 100 acres. December 11, 1905, your office rendered a decision affirming tix decision of the Commission to the Five Civilized Tribes of January 3, 1905, in favor of the contestants. The Department has examined the record and concurs in your conclusion. Your decision is accordingly affirmed. The papers are returned for appropriate disposition. Respectfully, THOS. RYAN, First Acting Secretary. 12 Enclosures. 186 J. R. W. J. R. W. F. R. aK Vv. DEPARTMENT OF THE INTERIOR, WasuineTon, August 21, 1907. Chickasaw Contests’ Review. 1423-1907. J. B. Hill v. Frank Reynolds No. 236. J. B. Hill v. Willie Reynolds “ 237. Harry Hill v. Frank Reynolds “ 238, Louis James v. Sheldon Reynolds 239. Louis James v. Ethel A. Reynolds 240. The Commissioner of Indian Affairs. Sir: Contestees filed motion for review of Departmental Decision of February 6, 1907, in favor of contestants in Chickasaw contests: No. 236, J. B. Hill v. Frank Reynolds for S. % N. E. 4. No. 237, F. B. Hill v. Willie Reynolds for N. 4% N. E. 4. No. 238, Harry F. Hill v. Frank Reynolds for N. 4% S. E. 44; See. 32. N. 239, Louis James v. Sheldon Reynolds, for W. % S. W. 4; No. 240, Lewis James v. Ethel A. Reynolds for N. % N. E. % of N. W/4 and W. J4N. W. % Sec. 33 all in T. 7, N., R.6 W. LM. in all 640 acres. Briefs have been served and filed by counsel for all parties. The department made no independent finding of facts but ex amining the record affirmed your decision of December 11, 1906, adopting the finding of facts and conclusions of law in your de cision. This is assigned as error but had no merits. It does not tend to despatch business, preserve rights of parties or serve aml ee . at COPY BOUND FRANK REYNOLDS, ETC. 117 yseful purpose to restate facts of legal principles applicable thereto, siready correctly stated in the record. If examination on appeal shows that all material facts are correctly stated the appellate fribunal may adopt them and does so by affirmance. They become the findings. 187 The general facts material, briefly stated, are that the lands involved are part of a tract of about 12000 acres, held by C. L. Campbell, intermarried white, who died in 1896, bequeath- mg his properties in equal shares to his widow and five minor chil- dren. This land January 21, 1899 was within a fence enclosing a larger tract~ ° for pasture. No part of the fence is shown to have heen on thes. _ cts, or yet on the larger one hereinafter mentioned, deeded by the widow to Blassingame. At that time the estate was yet in probate, but the debts were paid and the property had been turned over by the administrator to the guardians. At the time the residence and about 160 acres of land has been st aside to the widow by the Guardian, who testified that in addi- tion to such disposal 6 him the widow, has set aside about 1,500 acres for herself without action by him or the court or his assent other than implied by acquiescence. She was at that time in sole ion and control of it, without interference or objection by im or the court, of this 1,500 acres the widow that day by quit claim deed conveyed to J. W. Blassingame, all her right title and interest in two parcels, one. not including the land herein involved, for $250, the other, for cattle, later commuted to $270, cash, being “one section to be taken out of the North-west corner of the tract of land beginning at the east hank of West Bitter Creek about one hundred yards south of the Chickasaw and Purcell road, thence south and east one mile square. The deed stated the interest con- veyed in sumply that of possession. This tract included these lands. It was unimproved except a 10 or 12 acre field at the northwest corner, involved in contest 237, a 60 to 75 acre field further south, on the east side not definitely located, apparently south from the east tract of contest 340, not herein involved and another plowed field of about then acres in Contest 239 substantially the 188 S. W./4 of S. W./4 of S. W./4 Sec. 33, there were no build- ings or permanent structures and large part of the land was swamp, covered at times by water. February, 1899, Blassingame went into possession and before December 1902, constructed three houses, two barns, two graneries, holding 8,000 bushels, made three wells drained the swamp and brought substantially all the land to cultivation at a cost of about $2500, At or, soon after the purchase he knew the land was part of the C. L. Campbell holding, for he negotiated purchase from the widow, who sent Frank Plato, foreman con curator for the guardian to show the land. Plato went with her to make the deed and Blass- ingame testified that in February, 1899, he talked with the guardian as to what land he purchased and claimed.. This in denied by the guardian but the testimony is good to show that he knew the land was part of the Campbell holding. The guardian claims soon after the sale to have notified Blassingame orally that the land belonged the Campbell estate, and that he could not get it by purchase ID CLOSE IN CENTER Saeed 118 HARRY YF. HILL, ETC., ET AL. VS, | from the widow. This Blassingame denies and this is about only doubtful point in the evidence when serutinized, No step was taken to question the rightful possession until about ary 1902, when written notice to quit is said te have been on him, November 24. and December 24. 1992. the ouardian, widow heirs of fuil age by quit claim conveved the lands to Dave Hil under whom contestants claim preference right to allot them ownership of the Campbeil improvementa Novernber 25, 1902, Hill brought suit of ejeetment which has never heen brought to trial. December 10, 1992, Blassingame to his own use conveved the im provement, and possessery right to J. W. Brimmage and March 6, 1906 Brimage assigned his claim to ©. \. Revnolds ons 189 sale made by Blassingame. Contestees, Rewnolds children, obtained allotment of the lands as first applicants therefor, The question presented is whether the lands were so improved # to confer on C. L. Campbeil’s heirs preference right by sale of the improvements to control their allotment. The act of July 1, 1992 (32 Stat.. 641, 642-4) gave holders o improved lands the right to -eleet allotments to ineinde their im provements and to excess holders of improved lands, right with ninety days afte [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386003_0252%3A1. Public record. Not legal advice.