Womble v. Pike and Murphy
Supreme Court of Oklahoma
Error from, the District Court of Dewey County; before J. L. Pancoast, Trial Judge. statement oe facts. This was an action commenced in the district court of Dewey county by the plaintiff, Telitha Womble, as plaintiff, and T. S. Pike and J. W. Murphy, defendants in error, as defendants, by filing a petition (omitting caption) as follows : “Petition.
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Error from, the District Court of Dewey County; before J. L. Pancoast, Trial Judge. statement oe facts. This was an action commenced in the district court of Dewey county by the plaintiff, Telitha Womble, as plaintiff, and T. S. Pike and J. W. Murphy, defendants in error, as defendants, by filing a petition (omitting caption) as follows : “Petition. “The plaintiff above named for a cause of action against the defendant above named, alleges: That she is a married woman and the wife of J. W. Womble, and that she has a family of minor children whose names and ages are as follows: Lorena Womble…
1Opinion of the Court
Opinion of the court by
Gillette, J.:
If the petition set forth does- not state facts sufficient to constitute a cause of action under section 589 of our code of civil procedure which provides that “An action may be brought by any person in possession, by him self or tenant, of real property, against any person who claims an estate, or interest therein, adverse to him, for the purpose of determining such adverse estate or interest.” the judgment of the trial court should be affirmed, for it is apparent that under the allegations of the petition the .plaintiff is not entitled to injunction as…
2Cases cited2 opinions
- Giles v. OrtmanSupreme Court of Kansas · 1873
- Millbank v. OstertagSupreme Court of Kansas · 1880
3Cited by3 opinions
- Collier v. BartlettSupreme Court of Oklahoma · 1918
- Lawrence v. EstesSupreme Court of Oklahoma · 1911
- Rees v. AdamsSupreme Court of Oklahoma · 1929