Apple v. Westheimer & Daube
Supreme Court of Oklahoma
Error from District Court, Carter County; S. H. Russell, Judge. Action by S. A. Apple and another against West-heimer & Daube, a firm composed of Max Westheimer and another. Judgment for defendants, and plaintiffs bring error.
1Opinion of the Court
Opinion by
WATTS, C.
Plaintiffs in error, plaintiffs below, sued the defendants in error, defendants below, alleging ownership and right to possession of a certain 100-acre tract of land, and damages for withholding possession from them for the year 1912. Defendants answered by general denial, .and, further, that at the time plaintiffs purchased they were in actual, exclusive, and peaceable possession under a one-year paid-up contract with allottee for the year 1911, and that they were holding for 1912, under a paid-up lease dated June 30, 1910, for five years from January 1, 1912; that by…
2Cases cited3 opinions
- Simmons v. WhittingtonSupreme Court of Oklahoma · 1910
- Hudson v. HildtSupreme Court of Oklahoma · 1915
- Chapman v. SilerSupreme Court of Oklahoma · 1912
3Cited by4 opinions
- Balthrop v. ClarkSupreme Court of Oklahoma · 1924
- Dowell v. BrownSupreme Court of Oklahoma · 1922
- Apple v. PierceSupreme Court of Oklahoma · 1916
- S. S. & G. Mining Co. v. FullertonSupreme Court of Oklahoma · 1926