Legal Opinion

Howe v. Parker

Court of Appeals for the Eighth Circuit

Decided October 12, 1911No. 3,580PublishedCited by 16 opinions

Appeal from the United States Circuit Court for the Western District of Oklahoma. Bill in equity by Arthur Bruce Howe and others against Milton E. Parker and others. From a decree sustaining a demurrer and dismissing the bill, defendants appeal.

1Opinion of the Court

SANBORN, Circuit Judge.

This is an appeal from a decree which sustained a demurrer to and dismissed the bill of the complainants. On this demurrer the-question whether or not the averments of the bill are true is, of course, not open to consideration, and the only question is whether or not the facts alleged state a cause of action for equitable relief. This is the case they state: Henry Howe, an aged minister of the gospel, made a homestead entry of the S. E. % of section 27, township 12 N., of range 3 W., of the Indian Meridian, in Oklahoma, on April 23, 1889, built himself a house upon, and…

2Cases cited37 opinions

  1. United States v. WiltbergerSupreme Court of the United States · 1820
  2. Smelting Co. v. KempSupreme Court of the United States · 1882
  3. Johnson v. TowsleySupreme Court of the United States · 1871
  4. Lake County v. RollinsSupreme Court of the United States · 1889
  5. United States v. GermaineSupreme Court of the United States · 1879

32 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Whitfield v. HangesCourt of Appeals for the Eighth Circuit · 1915
  2. Hemmer v. United StatesCourt of Appeals for the Eighth Circuit · 1912
  3. Henderson v. Midwest Refining Co.Court of Appeals for the Tenth Circuit · 1930
  4. United States v. DebellCourt of Appeals for the Eighth Circuit · 1915
  5. Atlantic Coast Line R. v. Interstate Commerce CommissionCommerce Court · 1911

11 more not listed; retrieve them via the Exa API.

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