Pushmataha County, Oklahoma - Deeds: Susie Cole Impson ************************************************************************ USGENWEB ARCHIVES NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by 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. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. Contributed for use in USGenWeb Archives by: Teresa Young December 16, 2001 ************************************************************************ Full-Blood Approval, Case Number #207, Filed December 9, 1953. IN THE COUNTY COURT OF PUSHMATAHA COUNTY, STATE OF OKLAHOMA. In the Matter of the Estate of SUSIE COLE now IMPSON, Choctaw Indian by Blood, Roll Number #5123, Deceased. PETITION FOR SALE OF INHERITED LAND AND APPROVAL OF DEED Come now ELIZA WILKINS nee COLE, a widow, JENSIE WADE nee COLE, a widow, and JAMES COLE, a married man, petitioners herein and respectfully show to the Court the following facts: The following described real estate located in Pushmataha County, Oklahoma, to-wit: The NW 1/4 of Section 12, Township 3 South, Range 16 East, was by the Choctaw and Chickasaw Nations duly allotted, patented and conveyed to one, SUSIE COLE now IMPSON, deceased, a full-blood Choctaw Indian duly enrolled as such on the final rolls of Choctaw Indians by Blood, opposite roll number #5123, under the name of SUSIE COLE, and that the said SUSIE COLE now IMPSON, died intestate on or about the 25th day of March, 1953, owning the entire interest in said land; that at the time of her death the said SUSIE COLE now IMPSON was single, unmarried and without issue and that both her father and mother pre-deceased her and she left surviving her as her sole and only heirs at law your petitioners herein, they being aunts and uncle of said deceased allottee, and that your petitioners inherited in equal shares the entire interest in the above described real estate, that is to say an undivided one-third (1/3rd) interest each therein which is now owed by your petitioners. Petitioners further respectfully show to the Court that the question of fact as to the individual identity of the persons who took the entire interest in the above described real estate, and the ownership of these petitioners of an undivided one-third (1/3rd) interest each therein has been finally adjudicated and determined in an action in the District Court of Pushmataha County, Oklahoma, being Case Numbered 7543 therein, wherein the petitioners herein, ELIZA WILKINS nee COLE and JENSIE WADE nee COLE were Plaintiffs, and the petitioner herein, JAMES COLE, and others, were defendants. The petitioner herein, JENSIE WADE nee COLE, a widow, is one and the same person as "JINCY" WADE nee COLE named as one of the plaintiffs in Case Numbered 7543, above referred to, and that she is sometimes known as, and sometimes signs her name as "JINCY" WADE nee COLE. Your petitioners further respectfully show to the Court that it is to their best interest and that they desire to sell the entire interest in the above described real estate, subject to the approval of this Court; that they have been offered therefor for the sum of Fifteen Hundred and no/100 ($1,500.00) Dollars, which in their opinion is not disproportionate to the value of said real estate, and that it is to their best interest that said real estate be offered for sale publicly, and sold for the highest and best sum obtainable therefor, with the above mentioned offer therefor being treated as a minimum consideration acceptable to them for the sale of said land; that your petitioners are indebted, and are in need of funds to satisfy indebtedness and other personal needs. WHEREFORE, your petitioners respectfully pray the judgment of the Court that this petition be set down for hearing and Notice thereof given as provided by law; that upon a hearing had the entire interest in the above described real estate be offered publicly for sale and sold for a sum not less than the offer above referred to, to the highest bidder for cash and that the sale thereof and the Deed above referred to be ratified, approved and confirmed by this Court. Signed by: ELIZA WILKINS nee COLE (her right thumb print) JENSIE WADE nee COLE JAMES COLE I signed the name of ELIZA WILKINS nee COLE at her request and in her presence she being unable to write her name: ELNORA W. CRAIN, additional witness. State of Oklahoma, Choctaw County} SS ELIZA WILKINS nee COLE, JINCY WADE nee COLE, and JAMES COLE, each of lawful age, being duly sworn, upon states: That he is one of the petitioners named in the above and foregoing petition and is familiar with the contents thereof land that the matters and things therein stated are true and correct. Signed by: ELIZA WILKINS nee COLE (her right thumb print) JENSIE WADE nee COLE James Cole I signed the name of ELIZA WILKINS nee COLE at her request and in her presence she being unable to write her name: ELNORA W. CRAIN, additional witness: BILLIE JOYCE GRANT Subscribed and sworn to before me by each of the above named ELIZA WILKINS nee COLE, JINCY WADE nee COLE, and JAMES COLE, this the 30th day of November, 1953. Signed by: JO WELCH, Notary Public. ------------------------------------------------------------------------------- Full-Blood Approval, Case Number #207, Filed December 16, 1954. IN THE COUNTY COURT OF PUSHMATAHA COUNTY, STATE OF OKLAHOMA. In the Matter of the Estate of SUSIE COLE now IMPSON, Choctaw Indian by Blood, Roll Number #5123, Deceased. ORDER APPROVING SALE OF REAL ESTATE AND DEED Now, on this the 16th day of February, 1954, the same being one of the regular judicial days of the January 1954 Term of this Court, and being the day to which this cause was continued by Order entered herein on the 23rd day of December, 1953, this cause comes on for hearing on Open Court; the petitioners ELIZA WILIKINS nee COLE, JENSIE WADE nee COLE, and JAMES COLE, each appearing in Open Court in his own proper person, and the Honorable HORACE D. PAYNE, United States Trial Attorney, as successor to United States Probate Attorney, appearing, and the parties so appearing having announced in Open Court ready herein, the Court proceeds to make examination of the returns of notice herein, and upon examination thereof, finds that due notice of his hearing was given by publication in the Antlers American, a weekly newspaper printed and published in and possessing the qualifications of a legal publication in Pushmataha County, Oklahoma, for more than one (1) week as shown by the Proof of Publication on file herein; it further appears and the Court finds that due notice of this hearing was given to the United States Trial Attorney as successor to the United States Probate Attorney, and to the Honorable W. O. ROBERTS, Area Director of United States Indian Service, Muskogee, Oklahoma, as successor to the Superintendent of the Five Civilized Tribes in Oklahoma, more than ten (10) days prior to the setting of said petition for hearing, all in strict accordance with the Acts of Congress and the rules of this Court. And now the Court proceeds to hear the testimony of the petitioners herein who are sworn and examined in Open Court and to receive the documentary evidence offered herein, and after hearing and receiving and receiving such evidence finds that the following described real estate located in Pushmataha County, Oklahoma, to-wit: The NW 1/4 of Section 12, Township 3 South, Range 16 East, was alloted and conveyed by the Choctaw and Chickasaw Nations to one, SUSIE COLE now IMPSON, a full-blood Choctaw Indian, duly enrolled as such on the final rolls of Choctaw Indians by Blood, opposite roll number #5123, under the name of SUSIE COLE, and that the said SUSIE COLE now IMPSON died intestate on or about the 25th day of March, 1953, owing the entire interest in said land and leaving surviving her as her sole and only heirs at law your petitioners herein, they being aunts and uncle of said deceased allottee, and that these petitioners inherited an undivided one-third (1/3rd) interest each therein which they now own; that the question of facts as to the individual identity of the persons who took the entire interest in the above described real estate, and the ownership of these petitioners of an undivided one-third (1/3) interest each therein has been finally adjudicated and determinded in an action in the District Court of Pushmataha County, Oklahoma, being Case Numbered 7543 therein, wherein the petitioners herein, ELIZA WILKINS nee COLE and JENSIE WADE nee COLE were plaintiffs and the petitioner herein, JAMES COLE, and others, were defendants; the petitioner herein, JENSIE WADE nee COLE, a widow, is one and the same person as "JINCY" WADE nee COLE named as one of the plaintiffs in Case Numbered 7543 above referred to, and that she is sometimes known as, and sometimes signs her name as "JINCY" WADE nee COLE, and it is to the best interest of said petitioners that their interest, which is the entire interest, in the above described real estate be sold at public auction to the highest bidder. And now in Open Court the entire interest in the above described real estate owned by said petitioners in the Open Court publicly offered for sale to the highest bidder for cash. Upon said offer the Court finds that ALFRED H. CLARK, is the highest and best bidder therefor and that he has in Open Court offered for the entire interest in said tract land the sum of $1,750.00 Dollars, that no greater sum has been offered therefor and that the same is not disproportionate to the value thereof, and that it is to the best interest of the petitioners that a sale thereof to the highest bidder for the consideration above stated be approved by this Court. And now in Open Court the name of the purchaser and the consideration above recited have been inserted in the Warranty Deed referred to in the petition on file herein, and the consideration above mentioned has been paid to the petitioners herein in Open Court in their proportionate share and in the presence of the United States Trial Attorney, aforesaid. The Court therefore finds, concludes and determines that said sale is in all respects legal valid and binding, and that the sale and Warranty Deed should be in all things approved. IT IS THEREFORE ORDERED, CONSIDERED, ADJUDGED AND DECREED BY THE COURT that the sale of the entire interest in the above described real estate and the Warranty Deed referred to conveying the entire interest in the above described real estate to ALFRED H. CLARK be and the same is hereby ratified, approved and confirmed in all things, and the Judge of this Court has in Open Court endorsed upon said Warranty Deed the following: "This Deed examined and approved in Open Court this the 16th day of February, 1954, GEO. R. CHILDERS, County Judge.", for the purpose of identification and further approval. Signed by: GEO R. CHILDERS, County Judge. ---------------------------------------