Giles v. Latimer
Supreme Court of Oklahoma
Error from District Court, McClain County; R.' McMillan, Judge. Action by A. D. Latimer and William Foster against G. W. Giles, L. C. Giles, and W.' D. Lamar. Judgment for plaintiffs, and certain defendants bring error.
1Opinion of the CourtTurner, J.
This is an action to reform a.lease brought by Latimer, the lessee, one of the defendants in error. The petition substantially states that on February 2, 1907, one of the defendants, Foster, who was conceded to be a citizen of the Choctaw Nation of less than one-half blood, leased his allotment of 160 acres for a term of five years from that day, in consideration of $300, which was paid; that by mutual mistake of the parties 80 acres thereof was not included in the lease; that the lessee had entered into possession of the land intended to be conveyed by the lease, and had been in possession…
2Cases cited4 opinions
- McCoy v. McCoySupreme Court of Oklahoma · 1911
- Capital Fire Ins. Co. v. CarrollSupreme Court of Oklahoma · 1910
- Dunham v. HollowaySupreme Court of Oklahoma · 1895
- Catron v. Deep Fork Drainage Dist. No. 1Supreme Court of Oklahoma · 1913
3Cited by7 opinions
- McKeever v. CarterSupreme Court of Oklahoma · 1916
- Eichoff v. RussellSupreme Court of Oklahoma · 1915
- Bank of Cherokee v. SnearySupreme Court of Oklahoma · 1915
- Duroderigo v. CulwellSupreme Court of Oklahoma · 1915
- Mullen v. CarterSupreme Court of Oklahoma · 1915
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