Legal Opinion

The Long Bell Lumber Company v. Martin

Supreme Court of Oklahoma

Decided July 6, 1901PublishedCited by 15 opinions

Error from the District Court of Kay County; before Bayard T. Hainer, Trial Judge. STATEMENT OP PACTS. The contention in this case is for the recovery of damages for the nse and occupation of a portion of the northwest quarter of section twenty-seven, township twenty-six, north of range two, in Kay county, a portion of the territory known as the Cherokee outlet and described in the pleadings, proceedings and testimony as lots numbered 17 to 24, inclusive in block 71 in Ponca…

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Error from the District Court of Kay County; before Bayard T. Hainer, Trial Judge. STATEMENT OP PACTS. The contention in this case is for the recovery of damages for the nse and occupation of a portion of the northwest quarter of section twenty-seven, township twenty-six, north of range two, in Kay county, a portion of the territory known as the Cherokee outlet and described in the pleadings, proceedings and testimony as lots numbered 17 to 24, inclusive in block 71 in Ponca City. It appeared in evidence that on the 20th day of September, 1893, four days after the opening of the Cherokee…

1Opinion of the Court

Opinion of the court by

MoAtee, J.:

The lands of the Cherokee outlet, of which these lots form a part, were thrown open to settlement by the general government upon the 16th day of September, 1893. The quarter section of land .in which they are included, was by it granted to Daniel E. Stiles, and by successive conveyances from Stiles through Harry.C. C. Stiles ánd Barnes and Dalton by warranty deed to H. B. Martin, and by quit claim deed through Hatch and his wife to Martin. The defendant is without any interest or claim to the property whatever.

The occupation of the quarter section of land on…

2Cases cited4 opinions

  1. Kansas Pacific Railway Co. v. CutterSupreme Court of Kansas · 1877
  2. Botkin v. LivingstonSupreme Court of Kansas · 1876
  3. Daugherty v. FowlerSupreme Court of Kansas · 1890
  4. Brock v. CottinghamSupreme Court of Kansas · 1880

3Cited by15 opinions

  1. Huston v. ScottSupreme Court of Oklahoma · 1908
  2. Wichita Falls & N. W. Ry. Co. v. PuckettSupreme Court of Oklahoma · 1915
  3. Martin v. CoxSupreme Court of Oklahoma · 1912
  4. Fender, Adm'r v. SegroSupreme Court of Oklahoma · 1913
  5. Jennings v. BrownSupreme Court of Oklahoma · 1908

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