Lochner v. Garborina
Court Of Appeals Of Indian Territory
Appeal from the United States court for the Northern District. William M. Springer, Judge. Trespass by Grant Lochner against Martha- Garborina and others. Judgment in favor of defendants. Plaintiff appeals.
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Appeal from the United States court for the Northern District. William M. Springer, Judge. Trespass by Grant Lochner against Martha- Garborina and others. Judgment in favor of defendants. Plaintiff appeals. This is an action of trespass, in which the appellant (plaintiff below) alleges that he is a citizen of the Cherokee Nation; that defendants did on or about March 2, 1898, forcibly and wrongfully break open his' fence and enter his close, of about 150 acres, together with barns, houses, granaries, etc., and forcibly took possession of the same and converted his crops to their own use, and…
1Opinion of the CourtClayton, J.
The position taken by appellee in this case, both in the court below and here, is that, notwithstanding the fact that the appellant in the court below was not a party to the suit brought by appellee against Bill Lochner et al., yet, because of the fact that Miller, who was a party to that suit, was shown by appellant’s affidavit in the injunction case to have been his lessee of the land embraced in both suits, and the further fact that appellant was a witness in the Bill Lochner case, such privity of estate between them, and conduct of appellant in relation to the suit, is shown as will…
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