Wilson v. Greer
Supreme Court of Oklahoma
Error from District Court, McIntosh County; PresKe B. Cole, Judge. Ejectment by Martha Wilson against B. C. Greer. Judgment for defendant, and plaintiff brings error. The case was tried on an agreed statement of facts, which are, substantially: That the land in controversy (which is described) is located in McIntosh county, and was the allotment of Lotka, a full-blood Creek Indian, who was duly enrolled as such.
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Error from District Court, McIntosh County; PresKe B. Cole, Judge. Ejectment by Martha Wilson against B. C. Greer. Judgment for defendant, and plaintiff brings error. The case was tried on an agreed statement of facts, which are, substantially: That the land in controversy (which is described) is located in McIntosh county, and was the allotment of Lotka, a full-blood Creek Indian, who was duly enrolled as such. That on the 18th day of October, 1901, Lotka made and executed a will, duly witnessed by two witnesses, one of whom was at the time of the execution of the will a United States…
1Opinion
On Petition for Rehearing.
Turner & Turner, for defendant in error.
Opinion by
DEVEREUX, C.
After a careful consideration of the former opinion rendered herein, aided by the oral arguments and additional briefs filed on the petition for rehearing, we are satisfied that' our former opinion was sound, and that the petition for rehearing must be denied. It cannot be seriously doubted that, at the time this will was executed, the testator had capacity to make the will, but under the laws of the United States he could not devise this particular property at that time, but as to all •other property he…
2Cases cited11 opinions
- Society for the Propagation of the Gospel v. WheelerU.S. Circuit Court for the District of New Hampshire · 1814
- Dodge v. WilliamsWisconsin Supreme Court · 1879
- Alexander v. WorthingtonCourt of Appeals of Maryland · 1853
- Patty v. GoolsbySupreme Court of Arkansas · 1888
- Harrington v. KingMassachusetts Supreme Judicial Court · 1876
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