Funk v. Baker
Supreme Court of Oklahoma
Error from District Court, Kingfisher County; C. F. Irwin, Judge. Action for partition by C. R. Punk against Lucy Baker, aud others. Judgment for defendants, and plaintiff brings error.
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Error from District Court, Kingfisher County; C. F. Irwin, Judge. Action for partition by C. R. Punk against Lucy Baker, aud others. Judgment for defendants, and plaintiff brings error. C. R. Punk, plaintiff in error (plaintiff in the court below), brought this action in the district court of Kingfisher county against Lucy Baker, Christina Wright (nee Baker), Griffith Baker,. Joseph Baker, Isaac Baker and Esau Baker, defendants in error (defendants below). In his petition filed in that court on the 25th day of September,. 1905, plaintiff alleges: That on May 3i, 1899, one Edward Baker died…
1Opinion of the CourtHates, J.
(after stating the facts as above). The sole question presented by the appeal in this case is the action of the court in sustaining the demurrer to plaintiff’s petition, and in holding that the plaintiff’s petition did not state facts sufficient to constitute a cause of action.
The contention of the parties to this action maj' be briefly slated as follows: Defendant’s contention is that, under the allegations of plaintiff’s petition, plaintiff admits that defendant Lucy Baker, the widow of the deceased, Edward Baker, occupies the land in controversy under an order of the probate court setting…
2Cases cited5 opinions
- Fore v. Estate of ForeNorth Dakota Supreme Court · 1891
- Betts v. MillsSupreme Court of Oklahoma · 1899
- Nicholas v. PurczellSupreme Court of Iowa · 1866
- Robinson v. BakerMichigan Supreme Court · 1882
- Schaefer v. KienzelIllinois Supreme Court · 1888
3Cited by13 opinions
- Holmes v. HolmesSupreme Court of Oklahoma · 1910
- In Re Estate of GardnerSupreme Court of Oklahoma · 1926
- Bacus v. BurnsSupreme Court of Oklahoma · 1915
- Pennington v. Woodner-McgaughSupreme Court of Oklahoma · 1915
- Alexander v. BobierSupreme Court of Oklahoma · 1917
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