Legal Opinion · Dissent

Sproat v. Durland

Supreme Court of Oklahoma

Decided February 2, 1894Published

Et'ror from Oklahoma County.

1Dissent

Bnoraií, J.,

dissenting: My dissent in this case is entered, not to the action of this court in affirming the judgment of the court below, but to the reasons assigned for the affirmance of the judgment.

From the facts found by this court, applying the uniform doctrine of the courts in holding that the courts have jurisdiction to restrain one contestant for the right to enter a tract of government land from forcible intrusion upon the actual possessions of another claimant to such tract, the decision of the courts below should be affirmed, the findings of fact of the court showing that both…

2Cases cited12 opinions

  1. Belk v. MeagherSupreme Court of the United States · 1881
  2. Johnson v. TowsleySupreme Court of the United States · 1871
  3. Shepley v. CowanSupreme Court of the United States · 1876
  4. Marquez v. FrisbieSupreme Court of the United States · 1879
  5. Atherton v. FowlerSupreme Court of the United States · 1878

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