Martin v. Carlisle
Supreme Court of Oklahoma
Error from District Court, Ottawa County; Preston 8. Dmis, Judge. Injunction by W. A. Martin against Charles D. Carlisle and others. Judgment for defendants, and plaintiff brings error. This action was begun in the court below by plaintiff in error filing his petition praying for an injunction to prevent the sheriff of Ottawa county from selling under execution a certain tract of land levied upon by him.
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Error from District Court, Ottawa County; Preston 8. Dmis, Judge. Injunction by W. A. Martin against Charles D. Carlisle and others. Judgment for defendants, and plaintiff brings error. This action was begun in the court below by plaintiff in error filing his petition praying for an injunction to prevent the sheriff of Ottawa county from selling under execution a certain tract of land levied upon by him. It appears from the record that on June 1, 1901, one George Girten and Charles D. Carlisle, one of the defendants herein, entered into a written contract in substance that Girten was to…
1Opinion of the Court
MATHEWS, C.
(after stating the facts as above). 1. Partners purchasing land and taking the deed as tenants in common, without showing in the deed that it was partnership assets or intended to be treated as such, but afterwards used as a partnership property, has been a most fruitful source of litigation in the other states of the Union, and a wide diversity of opinions makes the matter difficult of solution, especially as it comes before us as an original question; it appearing that it is now before the court for the first time.
2. One partner has an equitable and statutory right to have the…
2Cases cited6 opinions
- Robinson Bank v. MillerIllinois Supreme Court · 1894
- Reynolds v. RuckmanMichigan Supreme Court · 1876
- Taber-Prang Art Co. v. DurantMassachusetts Supreme Judicial Court · 1905
- Roberts v. McCartyIndiana Supreme Court · 1857
- Patterson v. SillimanSupreme Court of Pennsylvania · 1857
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Centorp Corp. v. Gulf Production Corp.Supreme Court of Oklahoma · 1938
- Hatten v. Interocean Oil Co.Supreme Court of Oklahoma · 1938
- Meckler v. WeissSupreme Court of Florida · 1955
- Norwood v. ParkerSupreme Court of Iowa · 1928
- Twyford v. Sonken-Galamba Corp.Supreme Court of Oklahoma · 1936
9 more not listed; retrieve them via the Exa API.