Denton v. Capital Town Site Co.
Court Of Appeals Of Indian Territory
Appeal from the United States Court for tbe Western District. Chaeles W. Raymond, Judge. Action by the Capital Town Site Company against Joe Denton. Judgment for plaintiffs. Defendant appeals. On August 5, 1902, plaintiffs, T. M. Stanclift and Francis R. Brennan, partners under the firm name and style of Capital Town Site Company, began their suit in ejectment against Joe Denton, defendant, by filing their complaint at law.
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Appeal from the United States Court for tbe Western District. Chaeles W. Raymond, Judge. Action by the Capital Town Site Company against Joe Denton. Judgment for plaintiffs. Defendant appeals. On August 5, 1902, plaintiffs, T. M. Stanclift and Francis R. Brennan, partners under the firm name and style of Capital Town Site Company, began their suit in ejectment against Joe Denton, defendant, by filing their complaint at law. In substance, said complaint alleges: That in the month of March, 1899, Eliza M. Baysinger was a duly recognized and enrolled member of the Creek or Muscogee tribe of…
1Opinion of the CourtGill, J.
The first assignment of error mentioned by
appellant, is the action of the court in overruling the demurrer *402interposed to the complaint in this action. The ground of the demurrer to the complaint is that ir fails to state a cause of action, for the reason that plaintiffs’ allegations show that they were disqualified from taking or holding the lands in controversy; they being United States citizens, and the lands sought to be conveyed by Mrs. Baysinger being Creek lands situated in the Creek Nation; defendant’s argument being that, if they were disqualified from taking or holding such lands,…
2Cases cited2 opinions
- Turner v. GillilandCourt Of Appeals Of Indian Territory · 1903
- United States v. LewisCourt Of Appeals Of Indian Territory · 1903
3Cited by5 opinions
- McLaughlin v. Ardmore Loan & Trust Co.Supreme Court of Oklahoma · 1908
- Clawson v. Cottingham Et Ux.Supreme Court of Oklahoma · 1912
- Cook v. BulletteSupreme Court of Oklahoma · 1912
- Fawcett v. HillSupreme Court of Oklahoma · 1911
- Capital Townsite Co. v. DentonCourt Of Appeals Of Indian Territory · 1906