Bilby v. Brockman
Supreme Court of Oklahoma
.Error from District Court, Wagoner County; R. C. Allen, Judge. Action by W. G. Brockman and another against A. S. Bilby' and others. Judgment for .plaintiffs, and defendant John S., Bilby brings error. Affirmed in part, and remanded, with directions.
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.Error from District Court, Wagoner County; R. C. Allen, Judge. Action by W. G. Brockman and another against A. S. Bilby' and others. Judgment for .plaintiffs, and defendant John S., Bilby brings error. Affirmed in part, and remanded, with directions. The defendants in error, hereinafter styled plaintiffs, commenced this action in the district court of Wagoner county in ejectment against the plaintiff in error, John S. Bilby, hereinafter styled the defendant, and others, to recover possession of the N. W. % of section 33, township 19 N., range 15 E., in Wagoner county. The case was tried to a…
1Opinion of the Court
Opinion by
RUMMONS, C.
(after stating the facts as above). The first error complained of is in the admission by the court, over the objection of the defendant Bilby, of the warranty deed executed by Alice Burley to plaintiffs on December 31, 1910, at a time when there was pending a suit with reference to the property mentioned and described in the deed. We do not think this assignment is well taken, for the reason that-at the time of the offer and the objection there was nothing in the record to show that the real estate in controversy was the subject of a pending suit, nor is there anything in…
2Cases cited11 opinions
- Huston v. ScottSupreme Court of Oklahoma · 1908
- Flesher v. CallahanSupreme Court of Oklahoma · 1912
- Scott v. BrakelSupreme Court of Oklahoma · 1914
- Martin v. CoxSupreme Court of Oklahoma · 1912
- Powers v. Van DykeSupreme Court of Oklahoma · 1910
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3Cited by3 opinions
- McGrath v. EichoffSupreme Court of Oklahoma · 1940
- Courtney v. WorleySupreme Court of Oklahoma · 1937
- Hammett v. MontgomerySupreme Court of Oklahoma · 1918