Levindale Lead & Zinc Mining Co. v. Fluke
Supreme Court of Oklahoma
Error from District Court, Delaware County; John H. Pitchford, Judge. Action by Rolland D. Fluke and others against the Levindale Lead & Zinc Mining Company and others. Judgment for plaintiffs, and defendants bring error. This action was brought by defendants in error, hereinafter called plaintiffs, against plaintiffs in error, hereinafter designated defendants, to remove cloud from title upon the lands described in the petition in said cause.
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Error from District Court, Delaware County; John H. Pitchford, Judge. Action by Rolland D. Fluke and others against the Levindale Lead & Zinc Mining Company and others. Judgment for plaintiffs, and defendants bring error. This action was brought by defendants in error, hereinafter called plaintiffs, against plaintiffs in error, hereinafter designated defendants, to remove cloud from title upon the lands described in the petition in said cause. The case was tried to the court upon an agreed statement of facts, except as to possession of the lands. The facts show that both parties claim title…
1Opinion of the Court
Opinion by
COLLIER, C.
(after stating the facts as above). There are a great many errors assigned, but, from the view we take of the case, the vital question is as to the title to said lands, and whether or not actual possession is necessary to authorize plaintiffs to maintain the action. The claim of title of the defendants is based upon a deed, executed prior to the removal of restrictions upon the' alienation of said land, and therefore the same, being in direct violation of the laws of the United States, was void. Consequently the parties ’ claiming under said deed never acquired any title;…
2Cases cited15 opinions
- Hager v. ShindlerCalifornia Supreme Court · 1865
- Pier v. City of Fond du LacWisconsin Supreme Court · 1875
- Tabor v. CookMichigan Supreme Court · 1867
- Douglass v. NuzumSupreme Court of Kansas · 1876
- King v. CarpenterMichigan Supreme Court · 1877
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ohio Oil Co. v. Wyoming AgencyWyoming Supreme Court · 1947
- McGrath v. EichoffSupreme Court of Oklahoma · 1940
- Hudson v. SmithSupreme Court of Oklahoma · 1935
- Lair v. MyersSupreme Court of Oklahoma · 1918
- Collins v. SmithSupreme Court of Oklahoma · 1962
4 more not listed; retrieve them via the Exa API.