Cook v. Bullette
Supreme Court of Oklahoma
Error from District Coiirt, Tulsa County; Jno. H. Pitchford, Judge. Action by W. Albert Cook against George Bullette for tile - sum of $400 and cancellation of note. Judgment for- defendant as to the $400 and decreeing cancellation of note held by defendant, and plaintiff brings error. This action was begun in the United States Court for the Western District of the Indian Territory, and after statehood transferred to the state courts.
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Error from District Coiirt, Tulsa County; Jno. H. Pitchford, Judge. Action by W. Albert Cook against George Bullette for tile - sum of $400 and cancellation of note. Judgment for- defendant as to the $400 and decreeing cancellation of note held by defendant, and plaintiff brings error. This action was begun in the United States Court for the Western District of the Indian Territory, and after statehood transferred to the state courts. The petition alleged, in substance, that on April 30, 1902, defendant had under his control 320 acres of land in excess of what he and the members of his family…
1Opinion of the Court
Opinion by
HARRISON, C.
(after stating the facts as above). As to the first contention, we think the defendant’s answer states a valid defense to plaintiff’s petition, and that the demurrer thereto was properly overruled. As to the second, the allegations in defendant’s cross-petition, if considered as true, and such would be the case as against a general demurrer, would, in our judgment, constitute a cause of action against plaintiff for the recovery of the $300 which defendant, in such cross-petition, claims to be due him on plaintiff’s note, and that the demurrer thereto was properly…
2Cases cited3 opinions
- McLaughlin v. Ardmore Loan & Trust Co.Supreme Court of Oklahoma · 1908
- Combs v. MillerSupreme Court of Oklahoma · 1909
- Denton v. Capital Town Site Co.Court Of Appeals Of Indian Territory · 1904
3Cited by1 opinion
- Franklin v. Wright, SheriffSupreme Court of Oklahoma · 1914