Hartwell v. Havighorst

Opinion of the court by

Burwell, J.:

This action was commenced by Samuel A. Y. Hartwell, in the district court of Logan county, against John H. Havighorst, to declare a resulting trust. The land involved is the S. W. quarter of section 4, Twp. 16 N., R. 2 W., in Logan county. The defendant demurred to plaintiff's .petition, which was by the court sustained. The plaintiff refusing to plead further judgment was entered for the defendant, from which plaintiff appeals.

The plaintiff claims in his petition that at the opening of the country, (original Oklahoma,) in April, 1889, he settled on the land…