Swift v. Jackson (37 F.2d 237, 1930)

PHILLIPS, Circuit Judge.

This is an action at law brought by G-eorge M. Swift against Martha Jackson, an incompetent Indian, and Hill Moore, as her guardian, to recover for certain services alleged to have been rendered by Swift, as an attorney-at-law, under a contract entered into May 19,1919, between W. E. McKinney, purporting to act as guardian of Martha Jackson, and Swift. This contract recited that McKinney, as such guardian, “hereby employs G-eorge M. Swift, as his attorney-at-law, to take all necessary and proper steps and to bring such suit or suits as may be necessary, to avoid and cause to be cancelled and held for naught a certain guardian’s deed and assignment of royalties, made and entered into on the 9th day of July, 1917, by and between R. W. Parmenter, as guardian of Martha Jackson, a minor, and Thomas Kelly, purporting to convey all the right, title and interest of the said Martha Jackson, in and to the following described land, situate in Creek County, Oklahoma, and all royalties due the said Martha Jackson from said land: The Northwest Quarter, Section Nine (9), Township Eighteen (18) North, Range Seven (7) East.” This tract of land, described in the contract, is commonly known as the Barney Tholocco allotment. The contract further provided that, in consideration of such services, Swift should “have and receive one-half of all property, or money which” might “be recovered by him in any suit or suits filed by him, whether received upon any settlement or compromise or upon judgment.” It further provided that Swift should “prosecute, or cause to be prosecuted such suit or suits, as” might be “necessary for the recovery” of such “property and royalties.” It further provided that “if said suit or suits are defeated” Swift -should “claim no further compensation, but in the event” Swift should “recover, or cause tó be recovered, either upon settlement or compromise or upon judgment, any part of siieh property or royalties,” Swift should be “entitled to” and should “receive one-half of such recovery