Legal Opinion

Maharry v. Eatman

Supreme Court of Oklahoma

Decided May 23, 1911No. 1876PublishedCited by 47 opinions

Error from District Court, Garvin County; R. McMillan, Judge. Action by W. E. MaHarry against J. M. Eatman. Judgment for plaintiff, and lie brings error. Cross-petition by defendant. This is an action of ejectment brought by the plaintiff in error W. F. MaHarry against the defendant in error J. M. Eat-man, in the district court of Garvin county, March 7, 1910, to recover the possession of a certain tract of land situated in said county.

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Error from District Court, Garvin County; R. McMillan, Judge. Action by W. E. MaHarry against J. M. Eatman. Judgment for plaintiff, and lie brings error. Cross-petition by defendant. This is an action of ejectment brought by the plaintiff in error W. F. MaHarry against the defendant in error J. M. Eat-man, in the district court of Garvin county, March 7, 1910, to recover the possession of a certain tract of land situated in said county. The plaintiff’s claim was based on a deed from the heirs of the deceased allottee, dated September 16, 1909. The defendant admitted possession and justified…

1Opinion of the Court

GALBRAITH, J., pro tem.

(after stating the facts as above). The questions presented in this record for decision may be stated briefly as follows: (1) Did the United States court for the Southern district of the Indian Territory have authority to appoint E. Dunlap guardian or curator of the estate of Davis bowman, located in said district, when the domicile of the minor allottee was in the Central district? (2) Could a guardian so appointed make a valid lease of a minor’s lands? (3) Was the lease of Ellis bowman as guardian of the defendant in error, dated June, 1908, for a term commencing…

2Cases cited11 opinions

  1. Town of Grove v. Haskell, GovernorSupreme Court of Oklahoma · 1909
  2. McKeen v. Delancy's LesseeSupreme Court of the United States · 1809
  3. Ex Parte JordanSupreme Court of the United States · 1877
  4. Fitzpatrick v. Simonson Bros. Manufacturing Co.Supreme Court of Minnesota · 1902
  5. Smock v. Farmers' Union State BankSupreme Court of Oklahoma · 1908

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

3Cited by47 opinions

  1. Duff v. KeatonSupreme Court of Oklahoma · 1912
  2. McDougal v. McKaySupreme Court of the United States · 1915
  3. McKeever v. CarterSupreme Court of Oklahoma · 1916
  4. Chupco v. ChapmanSupreme Court of Oklahoma · 1917
  5. State Ex Rel. Miller v. HuserSupreme Court of Oklahoma · 1919

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

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