Wilson v. Greer
Supreme Court of Oklahoma
Error from District Court, McIntosh County; PresKe B. Cole, Judge. Ejectment by Martha Wilson against B. C. Greer. Judgment for defendant, and plaintiff brings error. The case was tried on an agreed statement of facts, which are, substantially: That the land in controversy (which is described) is located in McIntosh county, and was the allotment of Lotka, a full-blood Creek Indian, who was duly enrolled as such.
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Error from District Court, McIntosh County; PresKe B. Cole, Judge. Ejectment by Martha Wilson against B. C. Greer. Judgment for defendant, and plaintiff brings error. The case was tried on an agreed statement of facts, which are, substantially: That the land in controversy (which is described) is located in McIntosh county, and was the allotment of Lotka, a full-blood Creek Indian, who was duly enrolled as such. That on the 18th day of October, 1901, Lotka made and executed a will, duly witnessed by two witnesses, one of whom was at the time of the execution of the will a United States…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). On the above facts, it is seen that the defendant claims title from two sources: (1) Under the will of Lotka to his wife, Supsy, her deed to Fears, and Fears’ deed to him. ■ (2) Under- the deed from the plaintiff and her husband to Fears, and Fears’ deed to. the defendant.
The first question, therefore, is whether a will executed by an Indian of his allotment, at a time when he had no power to make a deed therefor, is validated by section 23 of the act of April 26, 1906 (34 Stat. 137, Federal Statutes Annotated,. Supplement 1909, p.…
2Cases cited8 opinions
- Hardenbergh v. RaySupreme Court of the United States · 1894
- F. B. Collins Inv. Co. of Clinton v. BeardSupreme Court of Oklahoma · 1915
- Hayes v. BarringerCourt of Appeals for the Eighth Circuit · 1909
- Hayes v. BarringerCourt Of Appeals Of Indian Territory · 1907
- Nesbit v. GraggSupreme Court of Oklahoma · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Spaniard v. TantomSupreme Court of Oklahoma · 1928
- Sperry Oil & Gas Co. v. ChisholmSupreme Court of the United States · 1924
- Matter of Estate of EversoleSupreme Court of Oklahoma · 1994
- Brock v. KeiferSupreme Court of Oklahoma · 1916
- In Re Trust Under Will of DavidsonSupreme Court of Minnesota · 1947
28 more not listed; retrieve them via the Exa API.