Smith Et Ux. v. Phillips
Supreme Court of Oklahoma
Error from the District Court of Oklahoma County; before Javies R. Keaton, District Judge. STATEMENT OP THE CASE. On June 3, 1894, one Evans was the owner of two parcels of land- which’ for the convenience of this opinion, will be described as lots 1 and 3, located in the southwest quarter of section 3, township 11, range 3, west, in Oklahoma County and1 which lay between the North Canadian river and the west line of the said quarter ■section.
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Error from the District Court of Oklahoma County; before Javies R. Keaton, District Judge. STATEMENT OP THE CASE. On June 3, 1894, one Evans was the owner of two parcels of land- which’ for the convenience of this opinion, will be described as lots 1 and 3, located in the southwest quarter of section 3, township 11, range 3, west, in Oklahoma County and1 which lay between the North Canadian river and the west line of the said quarter ■section. The land consisted of a strip one half a mile long and about four hundred feet wide, and will be best designated by a map herewith: N. S. Sec. 3, Twp.…
1Opinion of the Court
Opinion of the court by
McAtbe, J.:
It is admitted, as a general rule, that actual possessin of real estate is prima, facte evidence fef 'Ownership or of some claim to the property; but ifc is contended by the defendant in error that possession is not notice of any claim or evidence of title, as against the deed of the party in possession.
The rule relied upon is stated* in McNeil v. Jordan, 28 Kans. 7, as follows: .
“While it is- the general rule that open, notorious-, unequivocal and -exclusive possession of real estate, under an apparent claim of ownership, is notice to the world-of whatever…
2Cases cited1 opinion
- McNeil v. JordanSupreme Court of Kansas · 1882
3Cited by12 opinions
- Brown v. TrentSupreme Court of Oklahoma · 1912
- Piney Oil & Gas Co. v. ScottCourt of Appeals of Kentucky (pre-1976) · 1934
- Brink v. CanfieldSupreme Court of Oklahoma · 1919
- Wood v. FrenchSupreme Court of Oklahoma · 1913
- Hass v. GreggSupreme Court of Oklahoma · 1915
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