Legal Opinion

McCoy v. Mayo

Supreme Court of Oklahoma

Decided July 23, 1918No. 9270PublishedCited by 9 opinions

Error from District Court, Sequoyah County; John H. Pitchford, Judge. Action by John E. Mayo against Stand McCoy, Maud Young, nee Sutteer, and James Daugherty. Demurrer to the answer of defendant James Daugherty sustained, and answers of defendants Maud Young and Stand McCoy stricken, and a default judgment entered against them, their motions to be permitted to file an answer out of time and for a new trial overruled, and defendants bring error.

1Opinion of the Court

Opinion by

COLLIER, O.

This is an action brought by defendant in error against the plaintiffs in error to reform certain deeds held by plaintiff to certain lands, so as to include for record his right and title, possession already had, to a certain 40 acres inadvertently and by mutual mistake of all concerned, left out of these deeds. Hereafter the parties will be designated as they appeared in the trial court.

It is averred in the petition that the land in controversy was the allotment of a full-blood deceased Cherokee Indian, and (hat the defendants were heirs of said land. The plaintiff avers…

2Cases cited6 opinions

  1. Perkins v. MiddletonSupreme Court of Oklahoma · 1917
  2. King v. MitchellSupreme Court of Oklahoma · 1918
  3. Checotah Hardware Co. v. HensleySupreme Court of Oklahoma · 1914
  4. Long v. HarrisSupreme Court of Oklahoma · 1913
  5. City of Lawton v. KelleySupreme Court of Oklahoma · 1917

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Tiger v. DrumrightSupreme Court of Oklahoma · 1923
  2. Hill v. HenrySupreme Court of Oklahoma · 1942
  3. Brockman v. RobertsSupreme Court of Oklahoma · 1923
  4. Durant Civic Foundation, Inc. v. Grand Lodge of Oklahoma of the Independent Order of Odd FellowsCourt of Civil Appeals of Oklahoma · 2008
  5. McMillan v. Atlas Life Ins. Co.Supreme Court of Oklahoma · 1945

4 more not listed; retrieve them via the Exa API.

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