Oates v. Freeman
Supreme Court of Oklahoma
Error from District Court, Okmulgee County; Wade S. Stanfield, Judge. Action by John Freeman against Edward Oates and others. Judgment for plaintiff, and defendants bring error. This was an action to quiet title to the northwest quarter of section 7, township 13 north, range 15 east. On May 4, 1899, this land was allotted to Louis Freeman, a three-quarter blood Creek Indian, and certificates of allotment were duly issued to him.
Read the full summary
Error from District Court, Okmulgee County; Wade S. Stanfield, Judge. Action by John Freeman against Edward Oates and others. Judgment for plaintiff, and defendants bring error. This was an action to quiet title to the northwest quarter of section 7, township 13 north, range 15 east. On May 4, 1899, this land was allotted to Louis Freeman, a three-quarter blood Creek Indian, and certificates of allotment were duly issued to him. Louis Freeman, the al-lottee, died intestate, and leaving no surviving children, or issue of children, widow or mother, and no debts, but leaving the plaintiff, his…
1Opinion of the Court
Opinion by
DEVEREUX, C.
(after stating the facts as above). As far as the defendant Lowe is concerned, she has waived the defects,'if any, in the service by publication, for in her answer she asks for affirmative relief. See Cameron v. Consolidated School District No. 1, of Kiowa County, 44 Okla. 67, 148 Pac. 182, and cases therein cited. This does not apply to the defendant Oates, who does not ask for affirmative relief, but in our -opinion the affidavit and notice are not subject to attack on the grounds set out in the motion. The affidavit set out, “that the plaintiff is unable to procure…
2Cases cited20 opinions
- Heckman v. United StatesSupreme Court of the United States · 1912
- Mullen v. United StatesSupreme Court of the United States · 1912
- United States v. Trinidad Coal & Coking Co.Supreme Court of the United States · 1890
- Sizemore v. BradySupreme Court of the United States · 1914
- Missouri, Kansas & Texas Trust Co. v. KrumseigSupreme Court of the United States · 1899
15 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Smith v. WilliamsSupreme Court of Oklahoma · 1920
- West v. MadanskySupreme Court of Oklahoma · 1920
- Galbreath v. MayoSupreme Court of Oklahoma · 1918
- Oklahoma Hay & Grain Co. v. T. D. Randall & Co.Supreme Court of Oklahoma · 1917
- Dawkins v. People's Bank & Trust Co.Supreme Court of Oklahoma · 1925
16 more not listed; retrieve them via the Exa API.