Hodges v. Colcord
Supreme Court of Oklahoma
'Error from, the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STATEMENT QE EACTS. The plaintiff sued in the district court of Oklahoma .county to recoYer the northeast quarter of section Jive (5), township eleven. (11), north, range three (3) west, Indian Meridian, upon the assumption that the defendants hold in trust for him.
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'Error from, the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STATEMENT QE EACTS. The plaintiff sued in the district court of Oklahoma .county to recoYer the northeast quarter of section Jive (5), township eleven. (11), north, range three (3) west, Indian Meridian, upon the assumption that the defendants hold in trust for him. The petition alleges that John Gayman entered upon the-land in controversy prior to twelve o'clock noon of April 22, 1889, in violation of law, and the proclamation of the-president opening said land to settlement; that on the 25th day of April,…
1Opinion of the Court
Opinion of the court by
Beauchamp, J.:
The issue which arises is this: Did the court below err in deciding that the petition of the plaintiff did not state a cause of action? And the only question raised by the briefs in this ease is, whether a party can acquire, by settlement upon a tract of government land, covered by a homestead filing of a person who is disqualified under the.act of congress opening the land to settlement from making an entry thereto, a right superior to that of one who, on the following day contests the entry upon the grounds of disqualification of the entryman, and…
2Cases cited2 opinions
- Sproat v. DurlandSupreme Court of Oklahoma · 1894
- Calhoun v. VioletSupreme Court of the United States · 1899
3Cited by6 opinions
- Hodges v. ColcordSupreme Court of the United States · 1904
- Holt v. MurphySupreme Court of Oklahoma · 1904
- Gourley v. CountrymanSupreme Court of Oklahoma · 1907
- Noble v. Oklahoma CitySupreme Court of Oklahoma · 1935
- Enid & Anadarko Railway Co. v. KephartSupreme Court of Oklahoma · 1906
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