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The consideration of the above assignment, therefore, necessitates a complete review of all the evidence. This court will not consider alleged errors of the trial court, unless such alleged errors appear on the record of the case, and exceptions have been taken thereto by the complaining party. We have examined the same with care, and do not agree with counsel for plaintiff in error.


From this printed copy it was shown that Reed Wilson, the allottee of the land sold by Hale and Lawless, to Raddis, was a full-blood Cherokee Indian, and incapacitated to convey, unless his restrictions had been removed. The rolls referred to in paragraph 2 of the syllabus are conclusive evidence of the quantum of Indian blood of any enrolled citizen of any of the Five Civilized Tribes, not for the purpose of proving that particular fact, but for the purpose of fixing the status of the Indian's allotment and the capacity of the allottee to alienate the same. Evidence examined, and held sufficient to sustain the verdict.



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Comments (2)

  1. Evidence examined, and held sufficient to sustain the verdict.

  2. The evidence also shows that Lawless and Hale knew that the restrictions on the land had not been removed, and that the same was inalienable, and that a warranty deed from Hale, who was insolvent, would not carry a clear title to Raddis. The evidence shows that Raddis was ignorant concerning the methods employed by Lawless and Hale in and about the sale of this land, and that he was unsuspecting and had confidence in them, and believed he was to have, and that he was obtaining, a clear title to the land.

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