Aldridge v. Whitten
Supreme Court of Oklahoma
Error from District Court, Seminole County; Thomas D. McKeown, Judge. Action by J. H. Whitten against E. C. Aldridge and another. Judgment for plaintiff, and defendants bring error. This was an action for the possession of land, and the petition contains the necessary allegations that plaintiff is the owner of a legal and equitable estate in the land, and that the defendants are in the wrongful possession thereof, and wrongfully withhold the possession from the plaintiff.
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Error from District Court, Seminole County; Thomas D. McKeown, Judge. Action by J. H. Whitten against E. C. Aldridge and another. Judgment for plaintiff, and defendants bring error. This was an action for the possession of land, and the petition contains the necessary allegations that plaintiff is the owner of a legal and equitable estate in the land, and that the defendants are in the wrongful possession thereof, and wrongfully withhold the possession from the plaintiff. The petition also alleges the fair rental value, and prays judgment for the possession and damages. The answer is a…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). In our opinion, it was error to direct a ver- diet for the plaintiff under the evidence in this case. The allottee died in October, 1908, after statehood, and therefore the law of descent and distribution of .the State of Oklahoma governed. The Oklahoma statute in force at the death of the allottee provides:
“If decedent leave no issue, nor husband, nor wife, the estate must go to the father.” (Wilson’s Rev. & Ann. St. 1903.. sec. 6895.)
It appears from the evidence that the allottee was living with her father and mother at the time of…
2Cases cited3 opinions
- Hurst v. SawyerSupreme Court of Oklahoma · 1894
- Thorn v. ConeSupreme Court of Oklahoma · 1915
- Young v. ChapmanSupreme Court of Oklahoma · 1913
3Cited by6 opinions
- Adams v. Heirs of McKinneySupreme Court of Oklahoma · 1924
- Starr v. ThompsonSupreme Court of Oklahoma · 1921
- McDonald v. RalstonSupreme Court of Oklahoma · 1916
- Huston v. City of MiamiSupreme Court of Oklahoma · 1924
- Smith v. BluntSupreme Court of Oklahoma · 1921
1 more not listed; retrieve them via the Exa API.