Legal Opinion

Jordan v. Smith

Supreme Court of Oklahoma

Decided June 9, 1903PublishedCited by 8 opinions

Error from, the District Court of Garfield Countyj before John L. McAtee, Trial Judge. STATEMENT OE PACTS. On the 12th day of October, 1893, plaintiff in error Set-Tied upon the south half of southwest quarter of section 3, township 23, north, range 7 west I. M.-, in Garfield county.

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Error from, the District Court of Garfield Countyj before John L. McAtee, Trial Judge. STATEMENT OE PACTS. On the 12th day of October, 1893, plaintiff in error Set-Tied upon the south half of southwest quarter of section 3, township 23, north, range 7 west I. M.-, in Garfield county. On the 8th day of December, 1893, the defendant in error filed in the land office at Enid his soldier’s declaratory statement for the entry of the southeast quarter of said .section 3. On January 11, 1894, plaintiff in error, Jordan, .applied to enter the south half of the southwest quarter and tbe west half of…

1Opinion of the Court

Opinion of the court by

Gillette, J.:

From the foregoing statement of facts, it is manifest that the sole question presented to this court is: Did the trial court err in sustaining the demurrer? and this must be determined by determining whether the secretary of the interior committed error in applying the law to the facts by him found in the contest proceedings.

The findings ¿nd decision of the secretary of the interior are set out in full in the petition, and’we quote therefrom as follows:

“The evidence shows that the plaintiff lives on the south half of the southwest quarter of said section,…

2Cases cited2 opinions

  1. Paine v. FosterSupreme Court of Oklahoma · 1896
  2. Bockfinger v. FosterSupreme Court of Oklahoma · 1900

3Cited by8 opinions

  1. Harnage v. MartinSupreme Court of Oklahoma · 1913
  2. Ward v. WardSupreme Court of Oklahoma · 1919
  3. Hamilton v. FosterSupreme Court of Oklahoma · 1905
  4. Reynolds v. HillSupreme Court of Oklahoma · 1914
  5. Bozarth v. MitchellSupreme Court of Oklahoma · 1916

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