Gooding v. Watkins
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Southern District. Horda Townsend, Judge. Action by Mrs. Emma Watkins against Lem Gooding. Judgment for plaintiff. Defendant appeals. This is an action of ejectment, brought by the appellee against the appellant to recover the possession of a certain tract of land described in the complaint.
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Appeal from the United States Court for the Southern District. Horda Townsend, Judge. Action by Mrs. Emma Watkins against Lem Gooding. Judgment for plaintiff. Defendant appeals. This is an action of ejectment, brought by the appellee against the appellant to recover the possession of a certain tract of land described in the complaint. The appellee, by her amended complaint, upon which this case was tried, alleges, in substance, that both she and the defendant are Chickasaw Indians.; that her father, Chas. E. Gooding, about the year 1882, segregated the land in controversy from the Chickasaw…
1Opinion of the CourtClayton, J.
There are twelve errors assigned. As the appellant seems to have abandoned the fifth, seventh, tenth, and eleventh specifications of error, they will not be here set out. The other assignments of error are as follows:
“First. The court erred in overruling defendant’s general demurrer to plaintiff's complaint, for reason that said complaint failed to state a cause of action against defendant and to set forth any title to the premises attempted to be described in said amended complaint, and failed to allege facts sufficient to give the court jurisdiction of the subject-matter of this 'action.
“Sec…
2Cases cited5 opinions
- Pennock v. DialogueSupreme Court of the United States · 1829
- Castle v. BullardSupreme Court of the United States · 1860
- Express Co. v. Kountze BrothersSupreme Court of the United States · 1869
- Clifton v. SheldonSupreme Court of the United States · 1860
- Kempner v. ChurchillSupreme Court of the United States · 1869