by John Marshall Harlan

“ Under that legislation Sweet, on October 13th, 1898, obtained a patent from the United States and holds title under it.
The original scheme for the upbuilding of Mangum, as outlined in the deed and agreement of 1890, failed and was wholly abandoned by the parties to those instruments, and the present suit was brought by Sweet and wife for the cancelation of the deed made to Bogard, and for a decree removing the cloud created by it upon the title to the property in question. ”

“ The lots were in the town of Mangum, which was in what is now Greer county, Oklahoma. The deed, which was recorded, was with warranty and absolute upon its face. On the same day, at the same time, a written agreement was entered into between, substantially, the same parties. That agreement referred in terms to the deed, and bound the grantees therein to sell the lots, collect the proceeds of sale, and, out of the gross receipts in cash received and collected on such sales, as soon as collected, pay over two thirds to Sweet and his wife. ”

“ The parties with whom Sweet made this arrangement were members of the Mangum Star Printing & Publishing Association, a partnership located at Mangum. The arrangement, evidenced by the deed and the agreement, had for its object the building up of that town, the parties, as stated, with whom Sweet contracted, receiving, as compensation for their services, one third on the sales of lots, and a like proportion of the proceeds of any notes collected by them. ”