Carey v. Bewley

This aptdon w-as filed by the plaintiffs in error to recover certain land which was allotted in the name of Lewis Cochran, a duly enrolled Cherokee Indian. The cause was called for trial and, after the attorneys for the plaintiffs had made the opening statement, upon the motion of the defendants, judgment was rendered for the defendants upon the pleadings and the opening statement by the plaintiffs. From this judgment the plaintiffs have appealed.

‘The action of the trial court in rendering judgment is attacked on the ground that the petition' of the plaintiffs and the unequivocal admissions…