Darnell v. Hume
Supreme Court of Oklahoma
Error from County Court, Tulsa County; N. J. Gubser, Judge. Action by W. J. Darnell against Harvey Plume and others. Judgment for defendants, and plaintiff brings error. This is a proceeding in error from the county court of Tulsa county. A petition in error was filed in time attached to case-made. The suit originally was before a justice of the peace for unlawful detainer of the N. E. of the S. W. % of section 1, township 17 north, range 14 east.
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Error from County Court, Tulsa County; N. J. Gubser, Judge. Action by W. J. Darnell against Harvey Plume and others. Judgment for defendants, and plaintiff brings error. This is a proceeding in error from the county court of Tulsa county. A petition in error was filed in time attached to case-made. The suit originally was before a justice of the peace for unlawful detainer of the N. E. of the S. W. % of section 1, township 17 north, range 14 east. The parties occupy the same relation in this court that they did in the court below. On the trial of said cause in the county court plaintiff…
1Opinion of the CourtRussell, J.
(after stating the facts as above). It appears to us that the question involved in this case is ydiether or not the lease entered into between Weer and Henrietta Sarty, the allottee, for one year to commence the first of January, 1911, was a valid agreement for the use of the land for such period. Although the land in question was the homestead of Plenrietta Sarty, and she being of the one-half blood, this did not affect her right to enter into an agreement with Weer to lease the premises for the duration of one year. Whether she leased it or not, as testified to by Weer and in a negative way…
2Cases cited1 opinion
- Sullivan v. BryantSupreme Court of Oklahoma · 1913
3Cited by3 opinions
- Brown v. Van PeltSupreme Court of Oklahoma · 1917
- Apple v. PierceSupreme Court of Oklahoma · 1916
- Longmeyer v. JonesSupreme Court of Oklahoma · 1915