Wilcoxen v. Hybarger
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Southern District. C. B. Kilgore, Judge. Action of unlawful detainer by J. C. Hybarger against G. L. Wilcoxen. Judgment for plaintiff. Defendant appeals. This is an action of unlawful detainer, brought by appellee, to recover of appellant possession of a tract of land, with improvements thereon. The land is alleged to contain about 200 acres under fence, 120 acres being in a state of cultivation.
Read the full summary
Appeal from the United States Court for the Southern District. C. B. Kilgore, Judge. Action of unlawful detainer by J. C. Hybarger against G. L. Wilcoxen. Judgment for plaintiff. Defendant appeals. This is an action of unlawful detainer, brought by appellee, to recover of appellant possession of a tract of land, with improvements thereon. The land is alleged to contain about 200 acres under fence, 120 acres being in a state of cultivation. The appellee alleged that appellant rented the premises for the year ending December 31, 1894; that the rental contract had expired, and that appellant…
1Opinion of the CourtLewis, J.
(after stating the facts). The manner in which the record in this case was prepared has much obscured the merits of this appeal, and entailed unnecessary labor upon the court. We find in the record proper what purports to be the original answer, in which there is a paragraph, numbered 3, which has been crossed out by ink lines. In the bill of exceptions we find what purports to be paragraph 3 of the answer, differing, in material allegations, from the marked-out copy in the record proper. In appellant’s brie» the marked-out paragraph is set out as paragraph 3 of th™ answer. So, in the bill of…
2Cases cited4 opinions
- Central Vermont R. v. SoperCourt of Appeals for the First Circuit · 1894
- Brockway v. ThomasSupreme Court of Arkansas · 1880
- McClellan v. PyeattCourt of Appeals for the Eighth Circuit · 1895
- McCauley v. HazlewoodCourt of Appeals for the Eighth Circuit · 1894
3Cited by2 opinions
- Cherokee Strip Live Stock Ass'n v. Cass Land & Cattle Co.Supreme Court of Missouri · 1897
- Montgomery v. BlocherCourt of Appeals of Kentucky · 1922