Legal Opinion

Turner v. Gilliland

Court Of Appeals Of Indian Territory

Decided September 23, 1903PublishedCited by 4 opinions

Appeal from the United States Court for the Southern District. Hosea Townsend, Judge. Action by Effie F. Gilliland against H. G. Turner and another. Judgment for plaintiff. Defendants appeal. This is an action of unlawful detainer. The complaint alleges that the plaintiff is a citizen of the Choctaw Nation by blood, and has been enrolled by the Commission to the Five Civilized Tribes.

Read the full summary

Appeal from the United States Court for the Southern District. Hosea Townsend, Judge. Action by Effie F. Gilliland against H. G. Turner and another. Judgment for plaintiff. Defendants appeal. This is an action of unlawful detainer. The complaint alleges that the plaintiff is a citizen of the Choctaw Nation by blood, and has been enrolled by the Commission to the Five Civilized Tribes. For her cause of action she avers that she is the owner of and entitled to the possession of the land sued for, which is situated in the Chickasaw Nation. She alleges that one Zack Reynolds, a Choctaw Indian,…

1Opinion of the CourtClayton, J.

W. H. Warner, the defendant Turner’s grantor, being a white man, took nothing by his purchase, because the law does not permit a white man to acquire the title to land which an Indian holds in the Choctaw or Chickasaw Nation, and therefore Turner acquired nothing by his deed from Warner; and the same is true as between the plaintiff and the defendant Gillenwater, Turner’s lessee. Therefore they are both without title from that source, and their deeds would not be admissible as evidence in this ease. The defendants do not deny that Zack Reynolds, the original grantor, from whom *610all of the…

2Cited by4 opinions

  1. McLaughlin v. Ardmore Loan & Trust Co.Supreme Court of Oklahoma · 1908
  2. Combs v. MillerSupreme Court of Oklahoma · 1909
  3. Denton v. Capital Town Site Co.Court Of Appeals Of Indian Territory · 1904
  4. Busey v. Harbour-Longmire Co.Supreme Court of Oklahoma · 1935

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API