Purcell v. Barnett
Supreme Court of Oklahoma
Error from District Court, Hughes County; John Caruthers, Judge. Action in ejectment by Mary Purcell against Maria Barnett and another. Judgment for defendants, and plaintiff brings error.
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Error from District Court, Hughes County; John Caruthers, Judge. Action in ejectment by Mary Purcell against Maria Barnett and another. Judgment for defendants, and plaintiff brings error. This action was begun on April 8, 1909, by Mary Purcell, plaintiff in error, who will hereinafter be designated as plaintiff, against Maria Barnett and Joseph Barnett, defendants in error, hereinafter designated as defendants, to obtain possession of the W. y2 of the S. E. of section 21, township 7 N., range 10 E., in Hughes county, Okla., and for damages for the wrongful detention thereof. Defendants…
1Opinion of the Court
Opinion by
ROBERTSON, C.
(after stating the facts as above). The only question involved in this controversy is the correctness of the instruction of the court as given below. The court, after reading to the jury section 2215, Comp. Laws 1909, continued:
“It appears in this case by the undisputed facts disclosed in the record that at the time Taft, the trustee, made the deed to Mason and Mason to Purcell, the plaintiff, he or Purcell was not in possession of the land in question, nor had not taken the rents and profits thereof for the space of one year before such deed was made, and that the…
2Cases cited19 opinions
- Zeller's Lessee v. EckertSupreme Court of the United States · 1846
- Huston v. ScottSupreme Court of Oklahoma · 1908
- Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
- Brenner v. BigelowSupreme Court of Kansas · 1871
- Ringo v. WoodruffSupreme Court of Arkansas · 1884
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3Cited by6 opinions
- Clark v. First Nat. Bank of MarseillesSupreme Court of Oklahoma · 1916
- Farrow v. WorkSupreme Court of Oklahoma · 1913
- Warner v. WickizerSupreme Court of Oklahoma · 1916
- Muller v. McCannSupreme Court of Oklahoma · 1915
- Bilby v. BrockmanSupreme Court of Oklahoma · 1916
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