Legal Opinion

New v. Collins

Supreme Court of Oklahoma

Decided June 23, 1908No. 2031, Okla. TPublishedCited by 4 opinions

Error from, {District Court, Washita County; James K. Beau-champ, Judge. Action by George S. Collins against Mrs. John T. New and Sol T. Merritt. Judgment for plaintiff, and defendants bring error. On April 27, 1905, George S. Collins, defendant in error, plaintiff below, sued Mrs. John T. New and Sol T. Merritt, plaintiffs in error, defendants below, in the probate court of Washita county, Oída.

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Error from, {District Court, Washita County; James K. Beau-champ, Judge. Action by George S. Collins against Mrs. John T. New and Sol T. Merritt. Judgment for plaintiff, and defendants bring error. On April 27, 1905, George S. Collins, defendant in error, plaintiff below, sued Mrs. John T. New and Sol T. Merritt, plaintiffs in error, defendants below, in the probate court of Washita county, Oída. T., in an action of forcible detainer to recover the northwest quarter of section 17, in township 8 north, range 19 west, I. M. Defendants, among other things, pleaded the general issue. There was…

1Opinion of the CourtTueNek, J.

(after stating the facts as above). It is urged by plaintiffs in error that the verdict is contrary to law, in that the three days5 notice to quit, required by section 5089, Wilson’s Eev. & Ann. St. Olcla. 1903, was not served on them, as contemplated by law.

To maintain the issues on his part, defendant in error testified, in substance: That he was in possession of about an acre of the land in controversy, which was public land, subject to homestead entry, and on which he was attempting to prove up, and had been since October prior to this suit, and introduced a filing receipt as follows:

“Dupl…

2Cases cited1 opinion

  1. Douglass v. WhitakerSupreme Court of Kansas · 1884

3Cited by4 opinions

  1. Zahn v. ObertSupreme Court of Oklahoma · 1916
  2. Seibold v. City of MuskogeeSupreme Court of Oklahoma · 1932
  3. Pyle v. Western Union Telegraph Co.Supreme Court of Kansas · 1911
  4. Lusk v. StateSupreme Court of Oklahoma · 1915

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