Churchill v. Choctaw Railway Co.

The opinion of the court was delivered by

Scott, J.:

On the 17th day of July, 1890, the plaintiff filed a petition before Hon. A. J. Seay, then judge of the Second judicial district of Oklahoma Territory, alleging that the defendant company, under and by virtue of an act of congress, approved February 18, 1888, and as amended February 13, 1889, was constructing a railroad across the southeast quarter of section eighteen, township twelve, north of range five, east of the Indian meridian, in Canadian county, Oklahoma Territory, which land the plaintiff had filed upon as a homestead on the 30th…