Legal Opinion

Howe v. Parker

Supreme Court of Oklahoma

Decided February 13, 1907PublishedCited by 1 opinion

Error from the District Court of Oklahoma, County; before B. F. Burwell, Trial Judge. STATEMENT OF FACTS. This is an action of forcible entry and detainer, originally commenced before a justice of the peace, to recover possession of the southeast quarter of section twenty-seven, township twelve, range three west, in Oklahoma county. After the trial in the' justices court the case was appealed to the district court.

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Error from the District Court of Oklahoma, County; before B. F. Burwell, Trial Judge. STATEMENT OF FACTS. This is an action of forcible entry and detainer, originally commenced before a justice of the peace, to recover possession of the southeast quarter of section twenty-seven, township twelve, range three west, in Oklahoma county. After the trial in the' justices court the case was appealed to the district court. There the case was dismissed but again reinstated and tried upon an agreed statement of facts. From the record it appears that one Henry Howe made homestead entry of the land, and…

1Opinion of the Court

Opinion of the court by

Pancoast, J.:

The first assignment of error contained in the brief of counsel is that the court erred in dismissing the cause for failure of the plaintiff in error to make a deposit under rule nineteen of the court. Whatever the ac tion of the court was in that regard, inasmuch as the court set aside the order of dismissal and reinstated the cause, no error can be predicated thereon.

In discussing the second assignment of error, the plaintiff in error insists that the record nowhere discloses that the decision of the secretary of the land department between the plaintiff…

2Cases cited5 opinions

  1. Smith v. FingerSupreme Court of Oklahoma · 1905
  2. Cope v. BradenSupreme Court of Oklahoma · 1901
  3. Cox v. GarrettSupreme Court of Oklahoma · 1898
  4. Hebeisen v. HatchellSupreme Court of Oklahoma · 1902
  5. Cook v. McCordSupreme Court of Oklahoma · 1904

3Cited by1 opinion

  1. Lowery v. WestheimerSupreme Court of Oklahoma · 1916

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