U.S. v. Citizens' Trading Co.

• Decision Date: 14 November 1907
• Citation: 93 P. 448,19 Okla. 585,1907 OK 157
• Parties: UNITED STATES et al. v. CITIZENS' TRADING CO.
• Court: Oklahoma Supreme Court

93 P. 448

19 Okla. 585, 1907 OK 157

UNITED STATES et al. v. CITIZENS' TRADING CO.

Supreme Court of Oklahoma

November 14, 1907

Syllabus by the Court.

Courts of equity will always interfere to prevent injustice and wrong after the matter has been finally determined in the Land Department, when there has been a manifest misapplication of the law to the facts found by such department.

[Ed Note.-For cases in point, see Cent. Dig. vol. 41, Public Lands, §§ 301-307.]

Error from District Court, Pawnee County; before Justice Bayard T Hainer.

Action by the Citizens' Trading Company against the United States and T. E. Gibson, Judgment for plaintiff, and defendants bring error. Affirmed.

This is an action brought to declare a resulting trust to recover five lots in the townsite of Pawhuska, of which plaintiff below, defendant in error here, claims it had the preference right to purchase under Act Cong. March 3, 1905, c. 1479, 33 Stat. 1061, relative to the sale of the Pawhuska townsite, by reason of having permanent improvements thereon under the terms of that act. The character of the improvements is specifically set out in the petition. The defendant, in his answer and cross-petition, admitted the facts stated in plaintiff's petition to be true, but claimed that the improvements were not in law of the substantial character required by the instructions of the department. Both parties made motion for judgment on the pleadings. Motion of plaintiff below was sustained, judgment rendered in favor of plaintiff, exceptions saved, and the case is brought here for review.

John Embry, U.S. Atty., and Dale & Bierer, for plaintiffs in error.

E. W King, for defendant in error.

IRWIN J.

Act Cong. March 3, 1905, c. 1479, 33 Stat. 1061, is as follows (omitting the caption): "That there shall be created an Osage Townsite Commission consisting of three members, one of whom shall be the United States Indian agent at the Osage agency, one to be appointed by the chief executive of the Osage tribe, and one by the Secretary of the Interior, who shall receive such compensation as the Secretary of the Interior may prescribe, to be paid out of the proceeds of the sale of the lots sold under this act. That the Secretary of the Interior shall reserve from selection and allotment the south half of section 4 and the north half of section 9 township 25 north, range 9 east of the Indian meridian including the town of Pawhuska, which, except the land occupied by the Indian school buildings, the agency reservoir, the agent's...