Wagg v. Herbert
Supreme Court of Oklahoma
Error from the District Court of Pawnee County; before Jno. H. Burforcl, Trial Judge. STATEMENT OE CASE. This was a suit in equity commenced in the district court of Pawnee county, Oklahoma, on June 13, 1903, by W. H. Herbert and Mary B. Herbert against S. R. Wagg and 47 other defendants, the object and prayer of which was to cancel a deed, absolute on its face, executed by Mary B. Herbert to S. R. Wagg on May 28, 1901, and for other equitable relief, on the ground that it…
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Error from the District Court of Pawnee County; before Jno. H. Burforcl, Trial Judge. STATEMENT OE CASE. This was a suit in equity commenced in the district court of Pawnee county, Oklahoma, on June 13, 1903, by W. H. Herbert and Mary B. Herbert against S. R. Wagg and 47 other defendants, the object and prayer of which was to cancel a deed, absolute on its face, executed by Mary B. Herbert to S. R. Wagg on May 28, 1901, and for other equitable relief, on the ground that it was obtained through fraud, oppression, and undue influence, as alleged in the plaintiffs’ amended petition. In order…
1Opinion of the Court
Opinion of the court by
Hainer, J..:
It is the contention of the plaintiff in error that the petition, if all the facts were admitted, does not state facts sufficient to constitute any right to relief. It is further contended that the evidence does not sustain the allegations of the petition fairly construing the most adverse testimony and taking it as uncontradicted. Plaintiff in error further contends that, even if plaintiff below had made out a case on her petition and evidence, the unquestioned and undisputed facts show a complete defense. These contentions in oúr opinion are clearly…
2Cases cited15 opinions
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
- Pierce v. RobinsonCalifornia Supreme Court · 1859
- Morris v. NixonSupreme Court of the United States · 1843
- Campbell v. FreemanCalifornia Supreme Court · 1893
- Bradbury v. DavenportCalifornia Supreme Court · 1896
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3Cited by30 opinions
- Wells v. ShriverSupreme Court of Oklahoma · 1921
- Herbert v. WaggSupreme Court of Oklahoma · 1910
- Alexander v. Phillips Petroleum Co.Court of Appeals for the Tenth Circuit · 1942
- Fort v. ColbySupreme Court of Iowa · 1913
- Worley, Receiver v. CarterSupreme Court of Oklahoma · 1912
25 more not listed; retrieve them via the Exa API.