Elliot, as defendants, each of the said defendants, Cimarron.
River Bed Oil & Gas Company, Cimarron River Oil & Gas
Company and Number One Oil Company, being a corporation
duly organized and existing under and by virtue of the laws
of the state of Oklahoma, and being a citizen of said state and
being an inhabitant of and having its principal place of busi-
ness within the eastern judicial district thereof ; and the defend-
ants, John Henry and W. T. Barrett, being residents and citi-
zens of the state of Oklahoma and of the western judicial dis-
trict thereof, and the defendant, J. C. Elliott, being a resident
and citizen of the state of Oklahoma and of the eastern judicial
488 SUITS IN EQUITY.
district thereof, and thereupon plaintiff complains and says:
I. That the Choctaw, Chickasaw, Cherokee, Creek and Semi-
nole tribes or nations of Indians have for more than seventy-
five years last past occupied that portion of the territory now
embraced in the eastern judicial district of the state of Okla-
homa and which formerly comprised what was known as In-
dian Territory; that said above named tribes or nations of In-
dians form and constitute a particular and distinct class of
Indians known and designated as the five civilized tribes, and
are distinguished from the other tribes or nations of Indians
within the jurisdiction and under the care, protection and con-
trol of the United States ; that said above named tribes or na-
tions of Indians are referred to and designated as the "Five
Civilized Tribes" in many of the acts of Congress passed in
relation thereto ; and that each, every and all of said tribes or
nations, when so designated and referred to, are included in
the provisions of said acts of Congress as though each, every
and all of said tribes or nations were separately and particu-
larly named therein.
II. That plaintiff under and by virtue of the several
acts of Congress passed in relation to the affairs and property
of the said above-named tribes has always assumed the rela-
tion of guardian and trustee of the tribal property of said
nations of Indians; that under and by virtue of the several
acts of Congress above referred to and particularly of the
Act of March 1, 1901 (31 Stat. L. 861) ; the Act of June 30,
1902 (32 Stat. L. 500) ; the Act of April 26, 1906 (34 Stat.
L. 137), and the Act of May 27, 1908 (35 Stat. L. 312),
complainant is charged with the duty of exercising and has
always exercised supervision and control over the tribal prop-
erty and unallotted lands of said Creek nation of Indians in
Oklahoma, and that at all times herein mentioned your orator
has maintained and still maintains a United States Indian
superintendent and a commissioner to said five civilized tribes
at Muskogee, Oklahoma, for the purpose of exercising super-
vision and control over the tribal property and unallotted
lands of said Creek nation of Indians in Oklahoma.
FORMAL PARTS OF A BILL.
III. That all of the lands hereinafter described and referred
to lie within the territorial limits of the Creek nation of In-
dians in what is now Creek county in the state of Oklahoma
and in the eastern judicial district of said state, and lie be-
tween the meander lines and between and below the high-
water marks of, and form a portion of the bed of, the Cimar-
ron river, which is a meandered and non-tidal stream; that
said lands were a part of the lands conveyed to the Creek
nation of Indians by the United States of America, as evi-
denced by a certain patent of August 11, 1852, a copy of
which is hereto attached and made a part hereof, marked
Exhibit A; and the said -Creek nation is the owner of the
said lands under and by virtue of the said grant from the
United States of America and the several treaties theretofore
and thereafter concluded between that government and the
said Creek nation ; that the said lands are and have been at
all the times herein mentioned a part of the unallotted lands
of the said Creek nation and were not surveyed or allotted
in severalty to the members of said nation under the act of
Congress above referred to; and that the said lands are
owned in common by the citizens of said Creek nation and
are therefore a part of the tribal lands belonging to said
nation under the supervision and control of plaintiff by
virtue of the acts of Congress above referred to and others
from time to time passed and approved, and by virtue of the
several treaties from time to time concluded between the
United States of America and the Creek nation of Indians.
No. 376.
Allegation Showing Why Named Persons Are Not Made
Parties.
The members of the firm of Steele, Miller & Company are
not made parties to this bill because they are not within the
eastern district of Louisiana, and because, though proper
SUITS IN EQUITY.
parties, they are not necessary parties. They claim no right,
title or interest in the subject-matter hereof and any interest
they may have had, before their adjudication of bankruptcy,
is held by the defendant, Pyle, as trustee. The members of
the firm of Scheuch & Company are not made parties to this
bill because they are not within the eastern district of Louisi-
ana and because, though proper parties, they are not neces-
sary parties. They claim no right, title or interest in the
subject-matter hereof and have transferred any interest they
may ever have had to the defendants, the Bank of Mulhouse
and Paul Chardin and the Credit Havrais.
(Signature of Counsel.)
No. 377.
Prayer for the Production of Deeds, Papers, etc.(l)
And that the said defendants may set forth a list, or sched-
ule, and description of every deed, book, account, letter, paper
or writing relating to the matters aforesaid, or either of
them; or wherein or whereupon there is any note, memoran-
dum or writing relating in any manner thereto, which now
are, or ever were, in their or either, and which, of their pos-
session or power, and may deposit the same in the office of
the clerk [or, in the hands of one of the masters] of this
honorable court, for the usual purposes; and otherwise that
the said defendants may account for such as are not in their
possession or power.
(1) Dan. Ch. Pr. p. 1888.
No. 378.
Prayer for an Accounting of Money Had and Received.
Plaintiff prays that the defendant may set forth an account
of all and every sum and sums of money received by them,
or either of them, or by any person or persons by their, or
either of their, order, or for their, or either of their use, for
or in respect of the said [as the case stated in the bill may
FORMAL PARTS OF A BILL. 491
be], and when and from whom and from what in particular
all and every such sums were respectively received, and how
the same respectively have been applied or disposed of.
No. 379.
Prayer for an Accounting Between Partners.
Plaintiff prays that an account may be taken of all and
every the said late co-partnership dealings and transactions
until the time of the expiration thereof, and also an account
of the moneys received and paid by plaintiff and the said
defendant, respectively, in regard thereto, and that the said
C. D. may be directed to pay to plaintiff what, if anything,
shall, upon such account, appear to be due to him, plaintiff
being ready and willing and hereby offering to pay to the
said defendant, C. D., what, if anything, shall appear to be
due him from the said joint concern. And that some proper
person may be appointed to receive and collect all moneys
which may be coming to the credit of the said late co-partner-
ship. And that the said defendant, C. D., may in the mean-
time be restrained by the order and injunction of this honor-
able court from collecting or receiving any of the debts due
and owing to the said late co-partnership.
No. '380.
Prayer for Winding up a Partnership.
Plaintiff prays that the said land and buildings in [describe
them] may be adjudged and decreed to be partnership prop-
erty and assets of the said late firm of A. B. & Company,
and that the same may be ordered to be sold under the direc-
tion of this honorable court for the purpose of winding up
the concern, and that a receiver of all the co-partnership assets
and property now unadministered by plaintiff may be ap-
pointed, and that proper and just accounts may be taken be-
tween the parties touching the matters in question; and that
492 SUITS IN EQUITY.
the estate of the said S. B., deceased, may be charged with a
fair rent for said dwelling house during the time it was in
his occupation, and for such further time, if any, as may
seem meet to this honorable court ; and that all the affairs and
concerns of said late firm of A. B. & Company may be wound
up, adjusted and closed, under the direction of this honorable
court, and, after payment of all the debts of the concern and
the partnership balance which may be found due to plaintiff
out of the assets, that the surplus may be divided between
plaintiff and the administrator or heirs of the said S. B.,
according to their respective rights therein, and as to justice
and equity may appertain.
And that in the meantime said administrator, widow and
heirs of said S. B. may be restrained and enjoined -from pro-
ceeding to take any steps to sell said real property or interest
therein, or from any proceeding touching said real estate or
any of it, adverse to the claims and interests of plaintiff until
the relative rights and interests therein of plaintiff and the
said defendants may be settled and determined. ,
No. 381.
Prayer for an Account, and Distribution.
Plaintiff prays that an account may be taken of the per-
sonal estate of the intestate come to the hands of the defend-
ant, or of any person or persons by his order or for his use.
That an account may be taken of the debts and funeral
expenses of the intestate; that the clear residue of the per-
sonal estate of the intestate may be ascertained, and that one
equal part of such residuary estate may be decreed to be
paid to each of your orators, and that another part
thereof may be decreed to be paid to the defendant and to
each of them, the said E. F. and G. H.
FORMAL PARTS OF A BILL. 493
NO. 382.
Prayer for an Accounting by Agent.
Plaintiff prays that an account may be taken of all sums
of money received by or come to the hands of the defendant
as such agent of the plaintiff as aforesaid, for or on account
of or for use of the plaintiff, and of the application thereof
and of all dealings and transactions of the defendant as the
plaintiff's agent; and that the defendant may be decreed to
pay to the plaintiff what, on taking such accounts, shall be
found due from the defendant to the plaintiff, and to deliver
up to the plaintiff all documents in the defendant's possession
or power belonging to the plaintiff; that the defendant may
pay the costs of this suit.
No. 383.
Prayer for an Accounting and Injunction to Restrain Cutting
Lumber.
Plaintiff prays that an account may be taken by and under
the direction and decree of this honorable court of the timber
and other product removed from said lands or any thereof
by the said defendants, or any or either of them, or with their
permission or authority, and of the rents and profits received
by the said defendants, or any or either of them, from said
lands or any portion thereof.
And that said defendants may be respectively decreed to
pay to plaintiff the value of said timber or other products
so removed from said lands, with interest from the date of
S,uch removal ; and the amount received for rents and profits,
with interest from the date of the receipt thereof.
And that said defendants, and each and every of them, be
perpetually restrained and enjoined from hereeafter making
any claim to said premises or in any manner intermeddling
therewith or trespassing thereon or removing any timber or
other product therefrom.
494 SUITS IN EQUITY.
No. 384.
Prayer for an Accounting and Damages for Infringement of
Copyright.
That the defendant be required by decree of this honorable
court to account for and pay over to plaintiff such gains and
profits as have accrued or arisen or have been earned or re-
ceived by said defendant, and all of such gains and profits as
would have accrued to this plaintiff but for the unlawful do-
ings of said defendant, and all damages the plaintiff may
have suffered or sustained thereby; and that this honorable
court may increase the actual damages so assessed against
the defendant to a sum equal to three times the amount of
such assessment.
No. 385.
Prayer for Damages against Agent for Mismanagement.
Plaintiff prays that they, the said agents, E. F. and G. H.,
may be decreed to pay to plaintiff the said sums of $
and $ , and such losses, damages and interest as plaintiff
has suffered by reason of the premises, and that plaintiff may
have such other relief as the nature of his case may require;
and that the said E. F. and G. H. may, if they can, show
why plaintiff should not have the relief hereby prayed.
No. 386.
Prayer for an Accounting for Infringing a Patent for
Invention.
Plaintiff prays that the said defendants may be compelled
to account for and pay to him the profits by them acquired,
and the full amount of damages suffered by plaintiff by
reason of their aforesaid unlawful acts, together with such
increase upon the actual damages, according to the provisions
of law relating thereto as may seem to this honorable court
meet and just.
FORMAL PARTS OF A BILL. 495
No. 387.
Prayer for an Accounting of Rents and Profits of a Testator's
Real Estate.
Plaintiff prays that the said defendants may set forth a
full, true and just rental and particular account of the real
estates whereof or whereto the said testator was seized or
entitled in fee simple at the time of his death, and also a full,
true and particular account of all and every sum and sums
of money which has or have been received by them or either
of them, or any other person or persons by their, oreither of
their, order, or for their or either of their use, for or in re-
spect of the rents and profits of the said estates or any part
thereof; and whether any and which of said estates, or any
part or parts thereof, have or has not been disposed of or
sold, and at what price or prices, respectively, and when and
to whom ; and whether such price or prices, respectively, have
or has not been paid, and to whom; and if not, why not.
No. 388.
Prayer for an Account of Personal Estate of a Testator.
Plaintiff prays that said defendants may discover and set
forth a full, true and particular account of all and singular
the personal^ estate and effects of the said testator, and of
every part thereof, which has been possessed by, or come to,
the hands of the said defendants, or either of them, or to the
hands of any other person or persons by their, or either of
their, order, or for their, or either of their, use; with the
particular nature, qualities, quantities and true and utmost
values thereof, and of every part thereof, respectively, and
how the same and every part thereof has been applied and
disposed of; and whether any, and what part thereof, now
remains unapplied and undisposed of, and why; and whether
any and what part of such personal estate remains outstand-
ing to any and what amount, and why; and that the said
defendants may also set forth an account of the debts due
496 SUITS IN EQUITY.
from the said testator, and of his funeral and testamentary
expenses and legacies, and whether any and which of such
debts are outstanding, and why.
No. 389.
Prayer in Bill to Quiet Title.
Plaintiff prays that the alleged title of the said C. D. and
the C. D. Company and the deeds thereof herein set forth
and referred to sofar as they refer to the premises of plain-
tiff herein described or any part thereof, may be decreed to
be null and void and of no force and effect, and that the cloud
arising therefrom on the title of plaintiff may be removed,
and that plaintiff is the owner in fee of said property.
No. 390.
Prayer in Bill to Quiet Title.
(Another Form.)
Plaintiff prays that your honors may adjudge and decree
that the alleged claims of the defendants, and each of them,
are invalid and void; that the defendants have not, nor has
either of them, any estate or interest in the said property, or
in any part thereof; that plaintiff is the owner in fee of said
property, and that the defendants, and each and every of
them, be forever barred from asserting or claiming any estate
or interest therein.
No. 391.
Prayer for the Foreclosure of a Mortgage.
Plaintiff prays that the usual decree may be made for the
sale of the mortgaged premises aforesaid, and for the pay-
ment of the amount due to himself for principal and interest
upon the said bond and mortgage and his costs of this suit.
and that the said defendants, and all persons claiming under
FORMAL PARTS OF A BILL. 497
them subsequent to the commencement of this suit, and all
other persons, although not parties to this suit, who have any
liens by judgment or decree upon the mortgaged premises
subsequent to the said mortgage of plaintiff, or any liens or
claims thereon by or under any such subsequent judgment or
decree, either as purchasers, incumbrancers or otherwise, may
be barred and foreclosed of all equity of redemption in the
said premises.
No. 392.
Prayer for Foreclosure of Mortgage.
(Another Form.)
Plaintiff prays that an account may be taken by and under
the direction of this honorable court of what is due for the
principal and interest on the said mortgage, and that the said
defendants, or some of them, may pay unto the plaintiff the
money which shall be found due to him by a short day to be
appointed for that purpose by this honorable court, or in de-
fault thereof that all the said defendants and all persons
claiming, or to claim by, from or under them, or any of them,
may be absolutely barred and foreclosed of and from all
right and equity of redemption of, in, and to the said prop-
erty, and every part thereof, or if, on any account, the plain-
tiff is not entitled to any such foreclosure, then that the said
property may be sold and all proper parties may join therein,
and that the money so due to the plaintiff may be paid to him
out of the money which shall be raised by such sale.
No. 393.
Prayer to Foreclose a Railroad Mortgage and for Injunction.
Plaintiff prays that the said mortgage may be decreed to
be a lien upon all the property mentioned and described there-
in, and upon all the property, real, personal and mixed, rights,
franchises, lands, titles, railroad branches, extensions, tolls,
498 SUITS IN EQUITY.
incomes, rents, issues and profits of the said railroad com-
pany secured by said mortgage, and that said railroad com-
pany may be decreed to pay unto plaintiff for the holders
of the bonds described by said mortgage, whatever may
be due for interest on the bonds secured by the afore-
said mortgage, together with all the costs and expenses
in this behalf incurred and expended, and in default thereof
that the defendant railroad company above named, and all
persons claiming under it, may be forever barred and fore-
closed of and from all equity of redemption and claim of, in
and to all the property, rights and franchises covered by said
mortgage, and every part and parcel thereof; and that all
and singular the said mortgaged property, with the appur-
tenances, property and effects, rights, immunities and fran-
chises in said mortgage mentioned, may be sold under a de-
cree of this honorable court: that an account may be taken
of the bonds secured by said mortgage and of the amount due
on said bonds for interest; and that the trustee, after paying
all reasonable costs, charges and expenses incurred by it in
the execution of its trust, including taxes, counsel and attor-
ney's fees, and indemnifying itself from all liability in tfre
premises, shall apply so much of the proceeds of said sale as
may be necessary to the payment of the interest then unpaid
on the bonds then outstanding, ratably to the holders thereof-,
without discrimination or preference, and shall pay over any
surplus to the railroad company or to whomsoever shall be
entitled to receive the same; that during the pendency of this
suit a receiver or receivers may be appointed according to the
course and practice of this court, with the usual powers of
receivers in like cases, of all the property, equitable interests,
things in action, effects, moneys, receipts, earnings, rights,
privileges, franchises, and immunities of the said railroad
company and its tolls, incomes, rents and issues, and of all
other property included in and covered by said mortgage,
within the jurisdiction of this honorable court; and that the
said defendant railroad company, and all other persons hav-
FORMAL PARTS OF A BILL. 499
ing possession thereof, may be decreed to make such transfer
or conveyance to such receiver or receivers when appointed
and to the purchaser of said property at any sale which may
hereafter be decreed to be made herein, as may be necessary
and proper to put them or any of them in possession and con-
trol of said property; that a writ of injunction issue out of
and under the seal of this honorable court directing, com-
manding, enjoining and restraining the said defendant rail-
road company and its officers, directors and agents, and all
other persons whomsoever, from interfering with, transfer-
ring, selling and disposing of any property of the defendant,
or from taking possession of, levying upon or attempting to
sell by judicial process or otherwise, any portion of the
property of said defendant railroad company.
No. 394.
Prayer for Redemption of Mortgage Mortgagee in Pos-
session.
Plaintiff prays that an account may be taken of what, if
anything, is due to the said defendant for principal and in-
terest on the said mortgage, and that an account may also be
taken of the rents and profits of the said mortgaged premises
which have been possessed or received by the said defendant
or by any other person or persons by his order or for his
use. or which, without his willful default or neglect, might
have been received; and, if it shall appear that the said rents
and profits have been more than sufficient to satisfy the prin-
cipal and interest of the said mortgage, then that the residue
thereof may be paid over to the plaintiff, and that the plain-
tiff may be permitted to redeem the said premises, the plain-
tiff being ready and willing and hereby offering to pay what,
if anything, shall appear to remain due in respect to the prin-
cipal and interest on the said mortgage ; and that the said
defendant may be decreed to assign and deliver up possession
of the said mortgaged premises to the plaintiff, or to such
500 SUITS IN EQUITY.
person as he shall direct, free from all incumbrances made by
him or by any person claiming under him, and may deliver
over to the plaintiff all deeds and writings in his custody or
power relating to the said mortgaged premises.
No. 395.
Prayer for Redemption of Personal Property.
Plaintiff prays that an account may be taken for what is
due to the said defendant for principal and interest in respect
of the said loan of $ , and that, upon payment thereof by
the plaintiff, the said defendant may be decreed to deliver
over to the plaintiff the said goods so deposited with him
as aforesaid.
No. 396.
Prayer for Injunction (General Form).
Plaintiff prays that your honors grant unto plaintiff your
writ of injunction commanding said C. D., and all persons
claiming to act under his authority, direction or control, to
absolutely desist and refrain troyn [state acts to be enjoined],
until such time as your honors shall appoint and direct and
order herein ; and that upon such hearing the writ herein
prayed for be made and confirmed until the final determina-
tion of this suit, and that thereupon the said injunction may
be made perpetual.
No. 397.
Prayer for Injunction to Restrain City from Tearing up Rail-
road Tracks.
Plaintiff prays that pending the final determination of the
subject-matter hereof, a preliminary injunction or restraining
order issue, restraining the said city of - , its legislative
council, and the members of its board of police and fire com-
missioners, and the supervisors of public works hereinabove
FORMAL PARTS OF A BILL. 501
named, from in any way interfering- with complainant in its
occupation and use of street, or in its maintaining the