Marshall Co., OK; Abstract of Title: Berry and Myrtle Durham --------------------------------- Submitted by: James Goff Email: jgoff@viagrafix.net --------------------------------- USGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentationby any other organization or persons. Persons or organizations desiring to use this material, must obtain the written consent of the contributor, or the legal representative of the submitter, and contact the listed USGenWeb archivist with proof of this consent. Files may be printed or copied for personal use only. --------------------------------------------------------------------------- No. 2377 Abstract of Title To the Following Described Real Estate, Situated in County of Marshall, State of Oklahoma The Northeast Quarter of the northeast quarter, and lot one (1), of section twenty-seven (27), township seven (7) south, range six (6) east of the Indian Base and meridian, containing (80)eighty acres, more or less. Made for Exchange Trust Co. - Berry Durham Exchange Trust Co. - Loan No. 740-12 - Tulsa, Oklahoma Compiled by Marshall County Abstract Co. Bonded Abstracters Madill, Oklahoma S. P. Boyd, Owner Phone 258 --------------------------------------------------------------------------- UNITED STATES OF AMERICA TO ALL TO WHOM THESE PRESENTS SHALL COME - GREETINGS: WHEREAS, By the second article of the treaty, began and held at Dancing Rabbit Creek, on the fifteenth day of September, in the year of our Lord one thousand eight hundred and thirty, (as ratified by the Senate of the United States, on the 24th day of February, 1831), by the commissioners on the part of the United States, and the mingoes, chiefs, captains, warriors of the Choctaw Nation, on the part of said nation, it is provided that "The United States under a grant specially to be made by the President of the United States, shall cause to be conveyed to the Choctaw Nation, " a tract of country west of the Mississippi river, in fee simple, to them and their descendants, to inure to them while they shall exist as a nation, and live on it, "Beginning near Fort Smith, where the Arkansas boundary crosses the Arkansas river, running thence to the source of the Canadian Fork, if in the limits of the United States, or to those limits; thence due south to Red river, and down Red river to the west boundary of the Territory of Arkansas; thence along that line north to the beginning. The boundary of the same to be agreeably to the treaty made and concluded at Washinton City it the year 1825. NOW KNOW YE, That the United States of America, in consideration of the premises, and in execution of the agreement and stipulation in the aforesaid treaty, have given and granted, and by these presents do give and grant, unto the said Choctaw Nation the aforesaid "Tract of country west of the Mississippi, " to have and to hold the same, with ever nature thereunto belonging, as intended "to be conveyed" by the aforesaid article, "in fee simple to them and their descendants, to insure to them, while they shall exist as a nation, and live on it," liable to no transfer or alienation, except to the United States or with their consent. IN TESTIMONY WHEREOF, I, John Tyler, President of the United States of America, have caused these letters to be make patent, and seal of the General Land Office to be hereunto affixed. Given under my hand at the City of Washington, this twenty-third day of March, in the year of our Lord one thousand, eight hundred and forty-two, and of the Independence of the United States and the sixty-sixth. By the President, John Tyler Dan'l Webster - Secretary of State John C. Spencer - Secretary of War T. Hartley Crawford - Commissioner of Indian Affairs Recorded in Vol. 1, Page 43, (L. S.) J. Williamson - Recorder of General Land Office. Executed in the Bureau of Topographical Engineers. John J. Albert, Col. Corps T. Engineers. Returned to the War Department for the Choctaw Nation, March 24th 1842. (L. S.) E. M. Huntington - Commissioner of the General Land Office I HEREBY CERTIFY: That the foregoing and above transcript is a true and correct copy from the original patent now on file in my office. IN WITNESS HERETO: I have affixed the seal of the Choctaw Nation, this January 26th, 1886. (L. S.) Thomas McKinney - National Secretary, Choctaw Nation. Department of the Interior, General Land Office, Washington, April 13, 1912. I HEREBY CERTIFY: That the annexed copy of patent is a true and literal exemplification from the record in this office. IN TESTIMONY WHEREOF: I have hereunto subscribed my name and caused the seal of this office to be affixed, at the City of Washington, on the day and year above written. (L. S.) J. Williamson - Recorder of the General Land Office CERTIFIED COPY OF THE ABOVE PATENT FILED FOR RECORD, AT MADILL, OKLA., on June 24th, A. D., 1913, at 9 o'clock a.m. in the office of the Register of Deeds of the County of Marshall and State of Oklahoma, and duly recorded in Miscellaneous Record Volume 8 at Page 640. --------------------------------------------------------------------------- ENROLLMENT CERTIFICATE STATE OF OKLAHOMA THE COUNTY OF MARSHALL ABSTRACT NO. 2377. We, the undersigned, MARSHALL COUNTY ABSTRACT CO., Bonded Abstracters, of the State and County above, do hereby certify: That we have examined a copy of the Final Rolls of the Citizens and Freedmen in the Indian Territory, prepared by the Commission and Commissioners to the Five Civilized Tribes and approved by the Secretary of the Interior on or prior to March 4th, 1907, compiled and printed under authority conferred by the Act of Congress, approved June 21, 1908, (34 States L., 325) and That we find therein the name of Berry Durham enrolled opposite Roll Number 2490, Census Card No. 845 of the Roll of Chickasaw by Blood, That the age of said member is thereon shown to be 12 years calculated to Sept. 25, 1902, sex, Male and degree of Blood 1/2 Indian. IN TESTIMONY WHEREOF, Witness our hands by S. P. Boyd, Bonded Abstracter, this the 30 day of August 1920, A.D., MARSHALL COUNTY ABSTRACT CO. By (signature) S. P. Boyd Bonded Abstracter and Manager. --------------------------------------------------------------------------- Chickasaw and Choctaw Nations, Grantors. -to- Berry Durham, Chickasaw by Blood, Roll No. 2490, Grantee. Instrument, Homestead Patent, No. 5298. Date of Certificate, Aug. 26, 1903. Filed for Record: - at Madill, Oklahoma, on Aug. 31, 1920, 10 AM. in Office of County Clerk of Marshall County, Oklahoma, and duly Recorded in Record Volume 59, Page (blank) GRANTING CLAUSE: By virtue of the power and authority vested in us by the Twenty-ninth section of the Act of Congress of the United States, approved June 28, 1898, (30 Stat. 495), ## have granted and conveyed, and by these presents do grant and convey unto # # all right, title, and interest of the Choctaw and Chickasaw Nations, and of all other citizens of said Nations, in and to the following described land, viz: DESCRIPTION: The Northeast Quarter of the Northeast Quarter, and Lot One (1) of Section Twenty-seven (27), Township Seven (7) South and Range Six (6) East (Chickasaw Nation) of the Indian Base and Meridian, in Indian Territory, containing 80 acres, more or less, as the case may be, according to the United States survey thereof. SUBJECT: However, to the conditions provided by the Act of Congress approved July 1, 1902 (32 Stat. 641), SIGNED: Green McCurtain - Principal Chief of the Choctaw Nation (SEAL), Date August 1, 1905 SIGNED: Douglas H. Johnston - Governor of the Chickasaw Nation (SEAL), Date September 18, 1905. DEPARTMENT OF TEH INTERIOR, APPROVED, Oct. 23, 1905. Ethan A. Hitchcock, Secretary, By, Oliver A. Phelps, Clerk. FILED FOR RECORD: On the 28 day of Oct., 1905, at 3 o'clock p.m. and recorded in book 9 at page 84. Gabe E. Parker, Supt. to the Five Civilized Tribes by P. L. Snyder, Clerk. (Certified Copy) --------------------------------------------------------------------------- ORDER FOR REMOVAL OF RESTRICTIONS DEPARTMENT OF THE INTERIOR Washington D.C., Oct. 24, 1919. Number 18045. Roll number 2490 - One-half-blood Received Nov. 1, 1919. Encl. to No. 4819. WHEREAS, Berry Durham, a citizen of the Chickasaw Nation, was allotted certain land, which land is restricted against alienation. NOW, THEREFORE, I, under the authority vested in me by the Act of Congress approved May 27, 1908 (35 Stat. L., 312), and the regulations of the Department prescribed thereunder, hereby remove, without conditions concerning terms of sale and disposal of proceeds, the restrictions on alienation of all the restricted allotted lands of said Indian allottee and the restrictions on the alienation of all lands purchased for the benefit of said Indian allottee, with funds held under the control of the Secretary of the Interior, which lands were, by the terms of the deed of conveyance, impressed with restrictions on alienation, such removeal of restrictions to be effective thirty days from date hereof. S. G. Hopkins, Assistant Secretary of the Interior. Berry Durham is 29 years old and is enrolled as a 1/2 blood Chickasaw Roll no. 2490. Date. Oct. 16, 1919. M.S. Filed for record Aug. 26, 1920, at 4 pm, and duly recorded in the Office of County Clerk for Marshall County, Oklahoma, in Record Volume 59, Page --------------------------------------------------------------------------- Alec Jefferson, By W. T. Orr, Gardin. Grantor to Edward Byrd, and E. F. Lewis, Grantee Instrument: Oil or Gas Lease Dated:_______, 1909. Recorded: May 4, 1909, 8 AM, in the office of County Clerk for Marshall County, Oklahoma, in Book Miss. 2, Page 499. Consideration: $1.00 Granting Words: Hereby Grant, all the oil and gas in and under the following described premises: DESCRIPTION: NE 1/4 of Sec. 27, T. 7 S., R. 6 E., (and other lands not shown herein) OPERATION: Second party agrees to commence operations on said premises within 4 months from this date or thereafter pay to the first party $1.00 per acre per 30 days unless a well is drilled or the property herby granted is conveyed to the first part. (Signed) W. T. Orr ACKNOWLEDGMENT Acknowledged on the __ day of April, 1909, before T. C. Jones, as Notary Public in and for Marshall County, Oklahoma, by W. T. Orr, Guardian for Alec Jefferson, (Seal Attached) Commission expires Feb. 25, 1911. --------------------------------------------------------------------------- Berry Durham and Myrtle Durham, Husband and Wife, Grantor to Exchange Trust Company, a Corporation. Instrument: Mortgage Dated: Aug. 28, 1920. Recorded Aug. 31, 1920 10 AM, in the Office of County Clerk for Marshall County, Oklahoma, in Record Volume 59 page Consideration: $2000.00, according to the terms of one promissory note bearing even date herewith. GRANTING WORDS: Grant, Bargain, Sell, Convey and Mortgage. DESCRIPTION: The NE 1/4 of the NE 1/4 and Lot One (1) in Section 27, Township 7 South, Range 6 East of the Indian Base and Meridian, containing 80 acres, more or less. COVENANT: Lawful Owners; free and clear of all incumbrances; and will WARRANT and DEFEND the title to the same. (Signed) Berry Durham and Myrtle Durham Witnesses: Earl E. Ayres and H. M. Thompson ACKNOWLEDGMENT: Acknowledged on the 30th day of August, 1920, before R. L. Buck, and Notary Public in and for Marshall County, Oklahoma by Berry Durham, and Myrtle Durham, Husband and Wife. (Acknowledgment Statutory Form) (Seal Attached) Commission expires March 2, 1922. Mortgage Tax: $2.00, Paid. Receipt no. 2917. Dated: Aug. 31, 1920. --------------------------------------------------------------------------- Abstracter's Final Certificate State of Oklahoma, County of Marshall Abstract Number 2377. The undersigned, a duly qualified and lawfully bonded Abstractor of Titles to lands in the above named County and State, does hereby certify: First: That the foregoing Abstract of Title containing entries from One (1) to Nine (9), both inclusive, show a full, true, complete and correct abstract of all the conveyances and other instruments in writing, affecting, relating to and concerning any right, title or interest in and to the real property and lands situated in said County and State, to-wit: The NE1/4 of the NE1/4, and Lot One (1), Section 27, Township 7 South, Range 6 East, containing 80 acres, more or less. filed or recorded in the Recording Districts of Indian Territory in which said property was located prior to Statehood or in the office of the Register of Deeds, now the County Clerk, within and for said County and State, and that each of said instruments is complete, in legal form, properly signed and acknowledged according to the laws in force in the Territory in which said land was heretofore situate prior to November 16th, 1907, and that all acknowledgments taken since said date conform to the statutory requirements of the State of Oklahoma, unless otherwise shown in this abstract. Second: That there are no Judgments, Executions, Suits Pending or Liens of any kind against any of the within named parties in the District Court, Superior Court, Probate or County Court of said County, or in the offices of the clerks of said Courts and that there are no Foreign Executions, Judgments of the United States District or United States Circuit Court, rendered in said County, or on file in the offices of the Court Clerks of said County against any of the within named parties, or which in any way affect the title to said real estate. Third: That there are no taxes due and unpaid on said lands herein before described; that there are no tax sales of said lands unredeemed; that no tax deeds have been given thereon and that there are no unpaid personal taxes against any of the parties named in said abstract, which are liens on said lands. This certificate is made for the benefit of EXCHANGE TRUST COMPANY, a corporation, of Tulsa, Oklahoma, its successors and assigns. Dated at Madill, Oklahoma, this Thirty-first day of August, A.D. 1920, at 10:00 o'clock A.M. MARSHALL COUNTY ABSTRACT CO., BY, (signature) S. P. Boyd Bonded Abstracter. (Seal attached)