Lynch v. Franklin
Supreme Court of Oklahoma
Error from District Gourtj McClain County; R. McMillan, Judge. Action by Wirt Franklin against 0. S. Lynch and another to cancel a deed and quiet title. Judgment for plaintiff, and defendants bring error. This contraversy involves the title to 110 acres of land located in section 34, township 9 N., range 4 W., in McClain county, Olda.
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Error from District Gourtj McClain County; R. McMillan, Judge. Action by Wirt Franklin against 0. S. Lynch and another to cancel a deed and quiet title. Judgment for plaintiff, and defendants bring error. This contraversy involves the title to 110 acres of land located in section 34, township 9 N., range 4 W., in McClain county, Olda. The facts, as stated in the petition, are as follows: On October 16, 1905, Emmer Sisney was asserting her right to membership in the Choctaw Tribe of Indians by intermarriage. This right was denied by the Choctaw Nation, and her citizenship claim was repudiated.…
1Opinion of the Court
Opinion by
ROBERTSON, 0.
(after stating the facts as above.) Plaintiffs in error rely upon the following assignment of error, viz.:
“The lands in controversy not being in possession of Em-mer Sisney, and she not having been enrolled as a member of the tribe, and not having selected the lands in allotment at the time of the execution of the contract of employment, and purported conveyance, on October 16, 1905, the same is void, and operated to pass no title whatever to the grantee therein,. and judgment therefore should have been for defendants below.”
If this contention' is correct, the judgment…
2Cases cited15 opinions
- Stephens v. Cherokee NationSupreme Court of the United States · 1899
- Mullen v. United StatesSupreme Court of the United States · 1912
- Gritts v. FisherSupreme Court of the United States · 1912
- Superior Oil & Gas Co. v. MehlinSupreme Court of Oklahoma · 1910
- Goat v. United StatesSupreme Court of the United States · 1912
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Maroney v. TannehillSupreme Court of Oklahoma · 1923
- Semple v. BakenSupreme Court of Oklahoma · 1913
- Casey v. BinghamSupreme Court of Oklahoma · 1913
- Brown v. MinshallSupreme Court of Oklahoma · 1921
- Whitmire v. LevineSupreme Court of Oklahoma · 1920
7 more not listed; retrieve them via the Exa API.