Legal Opinion

Lewis v. Clements

Supreme Court of Oklahoma

Decided May 14, 1908No. 787, Ind. TPublishedCited by 30 opinions

Error from the United States Court for the Central District of the Indian Territory, at Atokaj before Thos. C. Humphrey, Judge. Action by M. L. Clements against C. S. Lewis and others. Judgment for plaintiff, and defendants appeal.

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Error from the United States Court for the Central District of the Indian Territory, at Atokaj before Thos. C. Humphrey, Judge. Action by M. L. Clements against C. S. Lewis and others. Judgment for plaintiff, and defendants appeal. This is an action for specific performance and to clear title, brought by M. L. Clements against C. S. Lewis and wife, Dora Lewis, and B. F. Poole and wife, Jannie Poole, to compel the conveyance of certain land by C. S. Lewis and wife to the said M. L. Clements and to cancel a certain deed executed by C. S. Lewis and wife conveying the same land to B. F. Poole.…

1Opinion of the CourtHayes, J.

(after stating the facts as above). The trial court committed several errors 'which have been cited by appellants in their assignments of error, any one of which affords ground upon which this case should be reversed. We shall not, however notice all of the assignments made, but shall discuss those that affect directly the merits of plaintiff’s case.

Judgment was rendered upon default against C. S. Lewis and wife, but it is contended by appellants that judgment should not have been rendered, for the reason that plaintiff’s complaint did not state a cause of action against Lewis and wife.…

2Cases cited2 opinions

  1. Chaffin v. McFaddenSupreme Court of Arkansas · 1883
  2. Sayer v. BrownCourt Of Appeals Of Indian Territory · 1907

3Cited by30 opinions

  1. Schock v. FishSupreme Court of Oklahoma · 1914
  2. Hathaway v. HoffmanSupreme Court of Oklahoma · 1915
  3. Clark v. DuncansonSupreme Court of Oklahoma · 1920
  4. Ziska v. AveySupreme Court of Oklahoma · 1912
  5. Standard Savings & Loan Ass'n v. Anthony Wholesale Grocery Co.Supreme Court of Oklahoma · 1916

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