Legal Opinion

Allen v. Walden

Supreme Court of Oklahoma

Decided September 13, 1910No. 1046PublishedCited by 2 opinions

Error from Cherokee County Court; J. T. Parks, Judge. Action by Sherman Walden against Tom Allen. Judgment for plaintiff, and defendant brings error.

1Opinion of the CourtHayes, J.

This is an action in replevin brought originally by defendant in error against plaintiff in error to recover the possession of one hog. There is no controversy about the facts. Both parties to the action are residents of Cherokee county. Cherokee county lies in that portion of the state which, before the admission of the state, constituted the Indian Territory. Defendant in error, who is admitted to be the owner of the hog, permitted it to run at large, and it trespassed upon the premises of plaintiff in error, who distrained and held it pending the payment by defendant in error of the…

2Cases cited1 opinion

  1. Leflore v. SandersSupreme Court of Oklahoma · 1909

3Cited by2 opinions

  1. Champlin Refining Co. v. CooperSupreme Court of Oklahoma · 1938
  2. Jeremiah, County Com'rs v. HigginsSupreme Court of Oklahoma · 1911

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