4 Indian Terr. 1 | Ct. App. Ind. Terr. | 1901
The appellants have filed 12 specifications of error, as follows: “(1) Because the verdict of the jury was contrary to the law and the evidence. (2) Because the court erred in admitting illegal, improper, incompetent, and immaterial evidence offered by the plaintiff, over the objections and exceptions of the defendants made at the time. (3) That the court admitted illegal, improper, irrelevant, and immaterial evidence offered by the plaintiff, over the objections and exceptions of the defendants, made at the time, in this, to wit: That the court permitted witnesses to testify as to (he amount of cotton and corn that the land in controversy produced per acre, and what cotton would sell for per 100 lbs., to prove the money rental value of the same, to which ruling of the court defendants at the time duly excepted. (4) Because the court erred in permitting any testimony to be introduced as to the rental value of the land in controversy and the improvements made thereon prior to the year 1900. (5)
The sixth specification states that the court erred in allowing testimony to be introduced as to the rental value of the land, contrary to the terms of the contract, prior to January 1, 1900. The appella-nts are allowed by the terms of the Curtis bill to set up their improvements made under a lease, agreement, or improvement contract. This is an equitable provision, designed to protect non-citizens who had placed lasting or valuable improvements upon property under contracts which by the terms of this same act of congress are declared to be absolutely void. And, in allowing them to set up the value of these improvements and offset them against the rents of the property, congress laid down the rule to be followed in ascertaining the value of said improvements and rents, and that is, “The court or jury trying said cause shall determine the fair and'reasonable value of such improvements, and the fair and reasonable rental value of such lands for the time the same shall have been occupied by such person;” and the court followed the rule laid down by the statute. See the record, as follows: “The Court: If the party can show he has placed improvements upon the land, notwithstanding it may have been a violation of the Choctaw laws, under the Curtis bill he would be entitled to reeoArer. Mr. McKennon: That is justAvhat we are getting at. Mr. BedAvine: Yes; and the contract provides what
In appellants' brief, under the' eighth specification, the counsel discuss the first, seventh, and eighth assignments, which all complain of the verdict of the jury. We have with close attention read the evidence contained in the record, and it is evident that there was much conflict in the testimony in regard to the character and value of the improvements and the value of the rents. The question was one peculiarly within the province of the jury to determine, and in fact, under the following agreement of counsel, was the only question submitted to the jury, to wit: ‘ ‘It is here agreed that the only question to be submitted to the jury is the value of the improvements/placed upon the land in controversy, and the rental value of the land; that the difference is to determine the verdict of the jury. All other material questions to the issues presented by the pleadings are admitted by the parties. Mr. Winningham: By this agreement we do not waive any exceptions heretofore taken.” It is apparent from the testimony that there was sufficient evidence to sustain the verdict, provided the jury believed the evidence of appellee's witnesses over those of appellants. Where the evidence is conflicting, it is the general rule in appellate courts not to set aside a verdict. Neither will they set aside a verdict where the jury have disregarded testimony of apparent^ credible witnesses. Neither will they disturb the verdict and grant a new trial unless the damages are such as to strike every one with the enormity and injustice of them. Judges of appellate courts do not see and hear the wit
The tenth specification is as follows: “Because the court erred in holding that the purchase by plaintiff from Randall' after the 31st day of December, 1898, conveyed to him the citizen’s title to the land in controversy, and that by reason of such purchase he became the landlord of the tenants of Randall, to which ruling of the court defendants at the time excepted, and still except.” The record upon which this specification is based is as follows: “The Court: If he has been rejected by the Dawes commission or by the decree of the court, then he comes within the first section of paragraph 3. We will ask the question right now. (To witness:) Have you been rejected by the Dawes commission? A. Yes, sir. Q. You applied to the commission to be enrolled, and were rejected? A. Yes, sir. Q. Did
Have the appellees such a title as will enable them to maintain this action of unlawful detainer? Randall, not being an Indian, had no right to hold or lease Indian land. Hence hé could make no valid contract of lease with appellants, and, if he could make none, he had no right or claim to possession of land to