Barnes v. Stonebraker
Supreme Court of Oklahoma
Error from the United States Court for the Western District of the Indian Territory, at Tulsa; William B. Lawrence, Judge. Ejectment by Howard M. Stonebraker against George W. Barnes, Jr. Judgment for plaintiff, and defendant brought error to the United States Court of Appeals for the Indian Territory, whence the cause was transferred to the Supreme Court of the state of Oklahoma.
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Error from the United States Court for the Western District of the Indian Territory, at Tulsa; William B. Lawrence, Judge. Ejectment by Howard M. Stonebraker against George W. Barnes, Jr. Judgment for plaintiff, and defendant brought error to the United States Court of Appeals for the Indian Territory, whence the cause was transferred to the Supreme Court of the state of Oklahoma. On June 22, 1905, Howard M. Stonebraker, defendant in error, plaintiff below, sued George W. Barnes, Jr., plaintiff in error, defendant below, in the United States Court for the Indian Territory, Western • District,…
1Opinion of the CourtTuenee, J.
(after stating the facts as above). Among the many reasons why the court did not err in holding, in effect, that no defense had been interposed to this suit, is that the lease upon which defendant relies to' defend his possessions of the property in controversy is void. The property therein described was the homestead of Wehiley Neharkey. It was allotted as such October 28, 1901, which Moses Neharkey took as her sole heir. The agreement under which it was so allotted was approved March 25, 1901, and provided:
“Lands allotted to citizens hereunder shall not in-any manner whatsoever or at any…
2Cases cited4 opinions
- De Graffenreid v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- McClellan v. HeinNebraska Supreme Court · 1898
- Marine v. PackhamCourt of Appeals for the Fourth Circuit · 1892
- Sharp v. LancasterSupreme Court of Oklahoma · 1909
3Cited by11 opinions
- Cushing Refining & Gasoline Co. v. DeshanSupreme Court of Oklahoma · 1931
- Rentie v. McCoySupreme Court of Oklahoma · 1912
- Hooks v. KennardSupreme Court of Oklahoma · 1911
- In re Lands of Five Civilized TribesDistrict Court, E.D. Oklahoma · 1912
- Perkins v. CissellSupreme Court of Oklahoma · 1912
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