Legal Opinion

Leak v. Joslin

Supreme Court of Oklahoma

Decided February 18, 1908No. 686, Ind. TPublishedCited by 10 opinions

Ind. T. Error from United States Court for the Western District of the Indian Territory, at Wagoner; before Louis Sulzbacher, Judge. Action by Winnie Joslin against Amanda Leak and John Leak. Judgment for plaintiff, and defendants bring error. This action was instituted in the United States Court for the Western District of the Indian Territory at Wagoner on the 14-th day of October, A. D. 1904, and summons issued thereon, being a statutory action in the nature of ejectment.

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Ind. T. Error from United States Court for the Western District of the Indian Territory, at Wagoner; before Louis Sulzbacher, Judge. Action by Winnie Joslin against Amanda Leak and John Leak. Judgment for plaintiff, and defendants bring error. This action was instituted in the United States Court for the Western District of the Indian Territory at Wagoner on the 14-th day of October, A. D. 1904, and summons issued thereon, being a statutory action in the nature of ejectment. In that court Winnie Joslin was plaintiff, and Am.ap.da Leak and John Leak defendants, and hereafter reference will be…

1Opinion of the CourtWilliams, C. J.

(after stating the facts as above). In this cause, from the allegations of the answer and cross-complaint of the defendants the question is presented, by misconstruction of the law as to the fractional part of the lot of land in question having been taken from the defendants, who had acquired the legal right thereto under the sanction of the laws then in.force in the Indian Territory, and a patent to same having been issued to said plaintiff in accordance with law, whether or not a court of equity has power to grant relief to the injured party.

In the case of Johnson v. Towsley, 13 Wall. (U.…

2Cases cited13 opinions

  1. Moore v. RobbinsSupreme Court of the United States · 1878
  2. Stark v. StarrsSupreme Court of the United States · 1868
  3. Silver v. LaddSupreme Court of the United States · 1869
  4. Rector v. GibbonSupreme Court of the United States · 1884
  5. Lytle v. State of ArkansasSupreme Court of the United States · 1860

8 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Ross v. StewartSupreme Court of Oklahoma · 1910
  2. Citizens' Trading Co. v. BassSupreme Court of Oklahoma · 1912
  3. Brennan v. ShanksSupreme Court of Oklahoma · 1909
  4. Prusa v. BeasleySupreme Court of Oklahoma · 1958
  5. Forster v. IngramSupreme Court of Oklahoma · 1918

5 more not listed; retrieve them via the Exa API.

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