Murray v. Speed
Supreme Court of Oklahoma
Error from District Court, Beckham County; G. A. Brown, Judge. Action by J. R. Murray and another against H. K. Speed and another. Judgment for defendants, and plaintiffs bring error.
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Error from District Court, Beckham County; G. A. Brown, Judge. Action by J. R. Murray and another against H. K. Speed and another. Judgment for defendants, and plaintiffs bring error. The petition alleged, in substance: That on Janu- . ary 21, 1909, the plaintiffs in error were the owners of certain real estate in Beckham county, describing it, and that the defendant in error Speed was the owner of lots 39 to 44, inclusive, in block 1, Alta Vista addition to Oklahoma City, and that he desired to exchange these lots for the land in Beckham county belonging to the plaintiffs in error. That…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). This being a case of equitable cognizance, this court has jurisdiction to examine the evidence and review the findings of fact of the trial judge (Schock v. Fish, 45 Okla. 12, 144 Pac. 584; Wimberly v. Winstock, 46 Okla. 645, 149 Pac. 238), and in the statement of the' case we have set out the facts as shown by a preponderance of the evidence. The court below made voluminous findings of fact, and one especially, that the allegation of mutual mistake was disproved by the evidence, we dis-affirm, as this fact seems to be proved beyond a…
2Cases cited11 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Camp v. BoydSupreme Court of the United States · 1913
- Schock v. FishSupreme Court of Oklahoma · 1914
- Wimberly v. WinstockSupreme Court of Oklahoma · 1915
- California Development Co. v. New Liverpool Salt Co.Court of Appeals for the Ninth Circuit · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- Probst v. BearmanSupreme Court of Oklahoma · 1919
- Union Coal Co. v. WooleySupreme Court of Oklahoma · 1915
- Crosbie v. BrewerSupreme Court of Oklahoma · 1916
- West v. MadanskySupreme Court of Oklahoma · 1920
10 more not listed; retrieve them via the Exa API.