McClung v. Penny
Supreme Court of Oklahoma
Error from the District Court of Kay County; before Bayard T. Hainer, Trial Judge. STATEMENT OE PACTS. This is an action commenced by defendant in error in the probate court of Kay county, Oklahoma territory, and is an action of forcible entry and detainer to recover the possession of the-southwest quarter, of section 30, township 26, north of range 1 east.
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Error from the District Court of Kay County; before Bayard T. Hainer, Trial Judge. STATEMENT OE PACTS. This is an action commenced by defendant in error in the probate court of Kay county, Oklahoma territory, and is an action of forcible entry and detainer to recover the possession of the-southwest quarter, of section 30, township 26, north of range 1 east. The facts are that defendant in error and one Charles E. McClung, the husband of-plaintiff in error, both claimed this tract of land as homestead settlers, and contested for their rights as such, through the several departments of the…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
While there are several assignments of error, only three are argued or insisted upon by plaintiff in error in his brief. First, it is alleged that as defendant in error in his complaint says that he is the owner of the premises therein described, this raises the question of title, and deprives the probate court of jurisdiction. We do not think this position is well taken. The word owner as herein used would be merely descriptive of plaintiff’s right of possession, and would not change the nature of the action. Second: It is denied that the probate court has…
2Cases cited2 opinions
- In re MartinSupreme Court of Kansas · 1901
- Kansas Pac. Ry. Co. v. McBratneySupreme Court of Kansas · 1873
3Cited by4 opinions
- Carpenter v. RussellSupreme Court of Oklahoma · 1903
- Crump v. PitchfordSupreme Court of Oklahoma · 1902
- Casey v. KitchensSupreme Court of Oklahoma · 1917
- Hackney v. McKeeSupreme Court of Oklahoma · 1903