Legal Opinion

Williams v. Canary

Court of Appeals for the Eighth Circuit

Decided March 2, 1918No. 4934PublishedCited by 2 opinions

Appeal from the District Court of the United States for the Eastern District of Oklahoma; Ralph E. Campbell, Judge. Suit by Emma P. Williams, née Canary, against James D. Canary. From a decree dismissing the petition, plaintiff appeals.

1Opinion of the Court

HOOK, Circuit Judge.

This is a suit by Emma P. Williams, formerly Canary, against James D. Canary, to cancel an oil and gas mining lease of a tract of land in Oklahoma patented to her as a Cherokee allottee, and also a working contract supplemental to the lease, upon the ground that he obtained them by fraud and undue influence. At the hearing on the merits the trial court held the instruments valid and dismissed the petition. The plaintiff appealed.

The defendant is plaintiff’s father, and had been the guardian of her estate during her minority by appointment of the court having cognizance of…

2Cases cited2 opinions

  1. Jenkins v. PyeSupreme Court of the United States · 1838
  2. Harper v. TaylorCourt of Appeals for the Eighth Circuit · 1911

3Cited by2 opinions

  1. Hemrich v. HemrichWashington Supreme Court · 1921
  2. Henry v. United StatesDistrict Court, District of Columbia · 1975

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