Legal Opinion

Wilson v. Owens

Court Of Appeals Of Indian Territory

Decided January 30, 1897PublishedCited by 10 opinions

Appeal from the United States Court for the Souther: District. C. B. Kilgore, Judge. Action in,ejectment by J. B. Wilson against Sol E Owens. Judgment for defendant.. Plaintiff appeals. Plaintiff’s grantor leased a tract of land in the Cheroki Nation to defendant for a term of seven years.

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Appeal from the United States Court for the Souther: District. C. B. Kilgore, Judge. Action in,ejectment by J. B. Wilson against Sol E Owens. Judgment for defendant.. Plaintiff appeals. Plaintiff’s grantor leased a tract of land in the Cheroki Nation to defendant for a term of seven years. Plainti bought the land with knowledge of these facts, and coi sented to the execution of a written lease, before the co] veyance was made, by which defendant’s term was extern ed for two years. Plaintiff brought suit in ejectment alie; ing that he was in possession of said premises on the ll day of…

1Opinion of the CourtLewis, J.

Before considering the errors assigned by laintiff in error, we are confronted by the question, which as frequently arisen in the trial courts of this territory, 'hether tbe action of ejectment as prescribed by the Ar-ansas statute obtains in this jurisdiction. The requisites, icidents, and procedure of this action are not contained in íapter 119, entitled “Pleading and Practice,” of Mans-eld’s Digest, but in chapter 55 thereof, entitled “Ejectment. ” y section 6 of the act of congress approved March 1, 1889, stablishing a United States Court in the Indian Territory, is enacted “ that the…

2Cases cited2 opinions

  1. McClellan v. PyeattCourt of Appeals for the Eighth Circuit · 1895
  2. Elizabeth R. Cartwright, in Error v. Alexander T. Howe, George F. Richards, and William RichardsSupreme Court of the United States · 1843

3Cited by10 opinions

  1. Johnson v. RiddleSupreme Court of the United States · 1916
  2. Merrill v. HexterOregon Supreme Court · 1908
  3. Wilson v. OwensCourt of Appeals for the Eighth Circuit · 1898
  4. Gulf, C. & S. F. Ry. Co. v. ClarkCourt of Appeals for the Eighth Circuit · 1900
  5. Choctaw, O. G. R. Co. v. DrewSupreme Court of Oklahoma · 1913

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