Legal Opinion

Johnston v. Burnett

Supreme Court of Oklahoma

Decided May 17, 1921No. 9909PublishedCited by 2 opinions

Error from District Court, Grady County; Will linn, Judge. ' Action by Albert Johnston, a Choctaw Indian, against John J. Burnett, Edward C. Davis, and D. A. Davis, to recover 60 acres of land, being a part‘of the surplus allotment of the plaintiff. Judgment for defendants, and plaintiff appeals.

1Opinion of the CourtMiller, J.

This action was commenced in the district court of Grady county by Albert Johnston, as plaintiff, against John J.. Burnett, Edward C. Davis, and D. A. Davis, as defendants, to recover a tract of 60 acres of land located in Grady county which was allotted to Albert Johnston as a member of the Choctaw Tribe of Indians. Trial was had to the court without a jury, and judgment rendered in favor of the defendants and against the plaintiff. Plaintiff appealed. The parties will be referred to as they appeared in the court below. The undisputed facts are as follows:

The land in controversy in this…

2Cases cited7 opinions

  1. Goodrum v. BuffaloCourt of Appeals for the Eighth Circuit · 1908
  2. Simmons v. WhittingtonSupreme Court of Oklahoma · 1910
  3. Mann v. BradySupreme Court of Oklahoma · 1921
  4. Casey v. BinghamSupreme Court of Oklahoma · 1913
  5. One Certain Hupmobile v. StateSupreme Court of Oklahoma · 1921

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

3Cited by2 opinions

  1. O'Conner v. JohnsonSupreme Court of Oklahoma · 1924
  2. Hudson v. JohnsonSupreme Court of Oklahoma · 1922

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