Kirtley v. Dykes
Supreme Court of Oklahoma
Error from, the District Court of Nolle County; before Bayard T. Hamer, District Judge. STATEMENT OE THE CASE. This is an action in injunction begun by May Dykes, plaintiff, against Benjamin L. Kirtley, defendant, in the district court of Noble county, for the purpose of obtaining possession of a part of a homestead.
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Error from, the District Court of Nolle County; before Bayard T. Hamer, District Judge. STATEMENT OE THE CASE. This is an action in injunction begun by May Dykes, plaintiff, against Benjamin L. Kirtley, defendant, in the district court of Noble county, for the purpose of obtaining possession of a part of a homestead. It appears from the record that prior to the time of beginning of the action the parties had been contesting for the tract of land; that a decision had been rendered in the land department adversely to defendant, Kirtley, and that plaintiff filed her petition for the purpose of…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
A reversal is urged upon two propositions, namely: first, that the injunction suit was pematurely brought for the reason that Kirtley, the defendant, never received from the land department any notice of the fact that his motion for review had been finally disposed of; second, that the court had no jurisdiction in this character of a case to determine the usable value of the forty-five acres which Kirtley had planted to wheat, neither had the court any jurisdiction to require Kirtley, in case Dykes failed to pay $2.50 per acre for the wheat land, to deliver to…
2Cases cited1 opinion
- Phillips v. KeysawSupreme Court of Oklahoma · 1899
3Cited by7 opinions
- Anderson v. Ferguson and ZaringSupreme Court of Oklahoma · 1902
- Myer v. RobertsOregon Supreme Court · 1907
- Seal Oil Co. v. RobersonSupreme Court of Oklahoma · 1935
- Golden Valley Land & Cattle Co. v. JohnstoneNorth Dakota Supreme Court · 1910
- Hartshorne v. IngelsSupreme Court of Oklahoma · 1909
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