Legal Opinion

Hayes v. Barringer

Court Of Appeals Of Indian Territory

Decided September 26, 1907PublishedCited by 12 opinions

Error to the United States Court for the Southern District of the Indian Territory; before Justice J. T. Dickerson, March 31, 1906. Action by Ida Hay-es against John L. Barringer. From a judgment for defendant, plaintiff brings error. This is an action in ejectment, brought by-the plaintiff in error, Ida Hayes, for the recovery of the possession of certain land named in the complaint. The plaintiff is a Chickasaw Indian.

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Error to the United States Court for the Southern District of the Indian Territory; before Justice J. T. Dickerson, March 31, 1906. Action by Ida Hay-es against John L. Barringer. From a judgment for defendant, plaintiff brings error. This is an action in ejectment, brought by-the plaintiff in error, Ida Hayes, for the recovery of the possession of certain land named in the complaint. The plaintiff is a Chickasaw Indian. The complaint alleges that she is the owner and entitled to possession of the land in controversy. She deraigns1 her title and right of possession through the last will and…

1Opinion of the CourtClayton, J.

(after stating the facts as above). Without passing upon the question as to the sufficiency of the terms of the will to indicatfe the intention of the testator to convey her anticipated allotment to the devisee, we will pass to a consideration of the points argued in the briefs.

It is the law, and it is conceded, that, if at the time this will was executed and probated the chapter of Mansfield’s Digest of the Laws of Arkansas relating to wills was in force as to the Choctaw and Chickasaw Nations, then the will, not ■conforming to the provisions of that chapter, was not entitled to probate, and…

2Cases cited4 opinions

  1. Vining v. WillisSupreme Court of Kansas · 1889
  2. In re Poff's GuardianshipCourt Of Appeals Of Indian Territory · 1907
  3. George v. RobbCourt Of Appeals Of Indian Territory · 1901
  4. Crowell v. YoungCourt Of Appeals Of Indian Territory · 1902

3Cited by12 opinions

  1. Wilson v. GreerSupreme Court of Oklahoma · 1915
  2. Hayes v. BarringerCourt of Appeals for the Eighth Circuit · 1909
  3. Chouteau v. ChouteauSupreme Court of Oklahoma · 1915
  4. In Re Davis' EstateSupreme Court of Oklahoma · 1912
  5. Coachman v. SimsSupreme Court of Oklahoma · 1913

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