Glover v. Swartz
Supreme Court of Oklahoma
Error from the District Court of Kay County; before A. C. C. Bierer, District Judge. STATEMENT OP THE CASE. On September 26, 1893, Benjamin F. Swartz made homestead entry of a tract of land in Kay county, Oklahoma. On October 6, 1893, John B. Glover filed a contest against the entry of Swartz, on the grounds of prior settlement.
Read the full summary
Error from the District Court of Kay County; before A. C. C. Bierer, District Judge. STATEMENT OP THE CASE. On September 26, 1893, Benjamin F. Swartz made homestead entry of a tract of land in Kay county, Oklahoma. On October 6, 1893, John B. Glover filed a contest against the entry of Swartz, on the grounds of prior settlement. This contest was before the several branches of the land department until December 15, 1896, when the secretary of the interior rendered his final decision in favor of Swartz, and dismissing the contest of Glover. Glover then filed a motion for a review of the…
1Opinion of the Court
Opinion of the court by
Burford, C. J.:
The questions presented by the record In this case have been settled by this court in numerous Decisions. O'ne who is in good faith contesting It homestead entry upon the grounds of prior iettlement, and is residing upon the land in controversy, will be permitted to continue to occupy the land in controversy until the land department shall finally determine which of the claimants has the superior right to the land. The courts will then give effect to such decision by requiring the unsuccessful or defeated claimant to surrender possession of the land to…
2Cases cited7 opinions
- Woodruff v. WallaceSupreme Court of Oklahoma · 1895
- Sproat v. DurlandSupreme Court of Oklahoma · 1894
- Reaves v. OliverSupreme Court of Oklahoma · 1895
- Barnes v. NewtonSupreme Court of Oklahoma · 1897
- Cox v. GarrettSupreme Court of Oklahoma · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Black v. JacksonSupreme Court of the United States · 1900
- Brown v. HartshornSupreme Court of Oklahoma · 1902
- Brennan v. ShanksSupreme Court of Oklahoma · 1909
- Hibbard v. CraycraftSupreme Court of Oklahoma · 1911
- Cardinal Petroleum Co. v. Northern Pacific Railway Co.North Dakota Supreme Court · 1971