McMichael v. Murphy
Supreme Court of Oklahoma
Error from the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STATEMENT OE FACTS. The material facts in this case are undisputed, and are substantially as follows: On April 23, 1889, Ewers White made homestead entry number six on the southwest quarter of section twenty-seven, township twelve north, range three, west, at the United States land office at Guthrie, Oklahoma.
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Error from the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STATEMENT OE FACTS. The material facts in this case are undisputed, and are substantially as follows: On April 23, 1889, Ewers White made homestead entry number six on the southwest quarter of section twenty-seven, township twelve north, range three, west, at the United States land office at Guthrie, Oklahoma. On April 24, 1889, Charley J. Blanchard made homestead application for the same tract of land. On May 1, 1889 Vestal S. Cook made application for the same tract of land. The applications of Blanchard…
1Opinion of the Court
Opinion of tbe court by
Hainer, J.:
It was contended before the land tribunal .as it is here, by tbe plaintiff in error, that the homestead entry of White was absolutely void, 'and, therefore, McMich-.ael had a lawful right to enter upoh said land and make settlement thereon, and that he acquired am inceptive right as a homestead claimant by virtue of such settlement, notwithstanding the fact that White’s entry was still of record. The secretary of the interior held that the homestead entry of White was not void, but voidable, and while it remained • of record the land was segregated from…
2Cases cited9 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
- Whitney v. TaylorSupreme Court of the United States · 1895
- Sioux City & Iowa Falls Town Lot & Land Co. v. GriffeySupreme Court of the United States · 1892
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3Cited by5 opinions
- Holt v. MurphySupreme Court of Oklahoma · 1904
- Gourley v. CountrymanSupreme Court of Oklahoma · 1907
- Noble v. Oklahoma CitySupreme Court of Oklahoma · 1935
- Enid & Anadarko Railway Co. v. KephartSupreme Court of Oklahoma · 1906
- Holt v. ClassenSupreme Court of Oklahoma · 1907