Enid & Anadarko Railway Co. v. Kephart
Supreme Court of Oklahoma
Error from the District Court of Comanche County; before F. E. Gillette, Trial Judge. STATEMENT OR TACTS. On the 29th day of January, 1903, the defendant in error, James A. Kephart, brought this action in the district court of Comanche county to recover damages from the plaintiff in error, Enid & Anadarko Railway Company, a corporation, for the wrongful and unlawful invasion, appropriation and occupancy of a certain portion of his land for railroad purposes.
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Error from the District Court of Comanche County; before F. E. Gillette, Trial Judge. STATEMENT OR TACTS. On the 29th day of January, 1903, the defendant in error, James A. Kephart, brought this action in the district court of Comanche county to recover damages from the plaintiff in error, Enid & Anadarko Railway Company, a corporation, for the wrongful and unlawful invasion, appropriation and occupancy of a certain portion of his land for railroad purposes. The case was tried to the court upon an agreed statement of facts, resulting in a judgment for plaintiff in the sum of five hundred…
1Opinion of the Court
Opinion of the court by
Garber, J.:
From the agreed statement of facts in this case it appears that one William Gillies, on the 3rd day of September, 1901, made a valid homestead entry' on the northwest quarter of section ten (10), in township two (2), south of range eleven (11), W. I. M., in Comanche county, Oklahoma Territory, being the tract of land in controversy in this action; that from and after said date said tract of land was covered by the homestead ■entry up to, and including, the 31st day of July, 1902; that the plaintiff, Kephart, made actual settlement and established his…
2Cases cited10 opinions
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Kansas Pacific Railway Co. v. DunmeyerSupreme Court of the United States · 1885
- Sturr v. BeckSupreme Court of the United States · 1890
- Jamestown & Northern Railroad v. JonesSupreme Court of the United States · 1900
- Sioux City & Iowa Falls Town Lot & Land Co. v. GriffeySupreme Court of the United States · 1892
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3Cited by4 opinions
- Noble v. Oklahoma CitySupreme Court of Oklahoma · 1935
- Oregon Short Line Railroad Company v. Murray CityUtah Supreme Court · 1954
- Stepan v. Northern Pacific Railway Co.Montana Supreme Court · 1928
- Pierce v. Chicago, Milwaukee & Puget Sound Ry. Co.Montana Supreme Court · 1916