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STATE OF OKLAHOMA.
IN COUNTY COURT.
CASE NUMBER NO. 608.
In the Matter of the Sale of the Allotment of ISOM NOAH, deceased.
Now on this 30th day of September 1908, comes on the petition of STORTEN NOAH to be heard by the court, wherein the said petitioner prays that the former order of this Court made and entered of record on the 3rd day of August 1908, approving a certain deed signed by the said petitioner and conveying to A. M. FUNKHOUSER and E. H. PERRY the following described Real Estate to-wit:
S. half of NE quarter and N. half of SE quarter of Section 36, Township 3 North, Range 8 west of the Indian Base and Meridian; and SE quarter of NW quarter of NE quarter, and the NW quarter of SE quarter of NW quarter and SE quarter of SE quarter of NW quarter and E. half of NE quarter of SW quarter and Lot 3, and S. half of SE quarter of Section 36, Township 3 North Range 8 West of Indian Base and Meridian.
Be annulled, vacated and set aside.
And the said A. M. FUNKHOUSER and appearing in person filed motion for a continuance, which, after argument was over-ruled by the Court.
And this cause and the said petition coming on for hearing and final decision and it appearing to the court that the said A. M. FUNKHOUSER and E. H. PERRY have been notified heretofore of pending of said petition and of its being set for hearing on this date, and A. M. FUNKHOUSER appearing in person, and that the said E. H. PERRY had been duly and lawfully summoned to answer said petition on this date as is shown by Sheriff's return as is endorsed thereon; and this cause coming on to be heard by the Court, and the said A. M. FUNKHOUSER admitted in open Court that the consideration mentioned in said deed of $200.00, the approval of which the petition seeks to set aside was not the true consideration as stated therein, and as had been represented by the Court, and the true consideration paid to said petitioner was only $5.00 as claimed in said petition to set aside; and it further appearing to the Court that the deed so approved, and the petition filed for its approval represented the consideration to be $200.00, thus misleading and imposing upon the Court, and which said representations so untruthfully made, led the court through the fraud and miss representations so made, to approve the aforesaid deed by its order of August 3, 1908 as aforesaid deed by its order of August 3, 1908 as aforesaid by the Court being well and sufficiently advised in the premises, and for the aforegoing reasons, and other good and sufficient reasons appearing to the Court, doth grant the prayer of the said petition.
It is therefore by the Court ordered, considered and adjudged, that the order of this Court made on August 3, 1909 approving the deed of this petitioner, STORTEN NOAH, to A. M. FUNKHOUSER and E. H. PERRY conveying the lands hereinfore described, be and the same hereby is annulled, vacated, set aside, and shall be forever hereafter held for naught.
L. P. DAVENPORT, County Judge of Pushmataha County, Oklahoma
STATE OF OKLAHOMA.
IN COUNTY COURT.
CASE NUMBER NO.15.
In RE-ESTATE of ISOM NOAH, deceased.
Now on this 3rd day of August 1908, comes STORDEN NOAH and files and presents to the court his petition praying for an order of the court approving and confirming a certain deed of conveyance executed by the said STORDEN NOAH, to A. M. FUNKHOUSER and E. H. PERRY on the 31st day of July 1908, to the following described real estate, to-wit:
The S 1/2 of NE 1/2 and N 1/2 of SE 1/4 of Section 36, Township 3 North, Range 8
West of the Indian Base and Meridian; and SE 1/4 of NW 1/4 of NE 1/4, and NW 1/4 of SE 1/4 of NW 1/4 and SE 1/4 of SE 1/4 of NW 1/4 and E 1/2 of NE 1/4 of SW 1/4 and Lot 3, and S. 1/2 of SE 1/4 of Section 36, Township 3 North, Range 8 West of Indian Base and Meridian.
And the court upon consideration of the said petition, being well and sufficiently advised in the premises, finds that the said ISOM NOAH, deceased, was a _____ blood Choctaw Indian, that he resided at the time of his death and previous thereto in that portion of the Central District of the Indian Territory which now comprises Pushmataha County, Oklahoma; that he died here on the 5th day of Sept. 1906, that this court has exclusive jurisdiction of the estate of said ISOM NOAH, deceased; that at the time of her death he was seized of the above described lands, which were allotted to him by the Choctaw and Chickasaw Nations and conveyed to him under allotment and homestead patents, and that the said ISOM NOAH, was at the time of his death the owner of said lands in fee simple.
The Court further finds that the petitioner, STORDEN NOAH, is a _____ blood Choctaw Indian, is Father of the deceased, and inherited a life estate in said lands; that on the 31st day of July 1908, the said petitioner, STORDEN NOAH, excuted to A. M. FUNKHOUSER and E. H. PERRY, for and in consideration of the sum of $200.00 a warranty deed to the said lands; the court further finds that the deed was duly signed and acknowledge by the said STORDEN NOAH, and that the consideration of said deed was fully paid, and that the same is reasonable, adequate and satisfactory to the said petitioner; and the court finds that the said conveyance of the said real estate from the said STORDEN NOAH, to the said A. M. FUNKHOUSER and E. H. PERRY, should be in all things approved and confirmed.
It is therefore by the court considered, ordered, adjudged and decreed that the said conveyance of the said above described lands by the said warranty deed, dated the 31st day of July 1908, from the said STORDEN NOAH, to the said A. M. FUNKHOUSER and E. H. PERRY be and the same is hereby approved and confirmed and declared in all things legal and valid.
(Signed) L. P. DAVENPORT, Judge of the County Court
Endorsed: L. P. DAVENPORT, County Judge
August 3, 1908
Recorded by BEULAH ALLEN
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