Bass v. Smith
Supreme Court of Oklahoma
Error from the District Court of Grant County; before James K. Beauchamp, Trial Judge. STATEMENT OF FACTS. This was an action brought in the district court of Grant county by Sarah C. Bass against the heirs at law and next of kin of David W. Smith, deceased, to compel the conveyance of a certain tract of land to the plaintiff by virtue, of a certain oral agreement entered into between David W. Smith and the plaintiff in error on the-°day of October 1895. The material…
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Error from the District Court of Grant County; before James K. Beauchamp, Trial Judge. STATEMENT OF FACTS. This was an action brought in the district court of Grant county by Sarah C. Bass against the heirs at law and next of kin of David W. Smith, deceased, to compel the conveyance of a certain tract of land to the plaintiff by virtue, of a certain oral agreement entered into between David W. Smith and the plaintiff in error on the-°day of October 1895. The material averments in the petition are: That on the-day of 'October, 1895, David W. Smith, and the plaintiff entered into an oral…
1Opinion of the Court
Opinion of the court by
Hainer, J.:
The sole question presented by the record is the validity of the contract entered into between the plaintiff, Sarah C. Bass, and the decedent, David W. Smith. Was the contract a valid one? Can such a contract be enforced? We think these questions must be answered in the negative. Section 24 of the organic act of this territory provides as follows:
“That it shall be unlawful for any person, for himself or any company, association, or corporation, to directly or indirectly procure any person to settle upon any lands open to settlement in the Territory of…
2Cases cited4 opinions
- McMullen v. HoffmanSupreme Court of the United States · 1899
- Meguire v. CorwineSupreme Court of the United States · 1880
- Garst v. Love WordSupreme Court of Oklahoma · 1896
- Light v. ConoverSupreme Court of Oklahoma · 1901
3Cited by11 opinions
- Board of Ed. v. American National Co.Supreme Court of Oklahoma · 1928
- Dial v. KirkpatrickSupreme Court of Oklahoma · 1933
- Clark v. FrazierSupreme Court of Oklahoma · 1918
- Perry Water, Light & Ice Co. v. City of PerrySupreme Court of Oklahoma · 1911
- Bokoshe Smokeless Coal Co. v. MoreheadSupreme Court of Oklahoma · 1912
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