Legal Opinion

Proctor v. Capps

Supreme Court of Oklahoma

Decided December 11, 1917No. 8447PublishedCited by 2 opinions

Error from County Court, Cotton Coun ty; J. C. Norman, Judge. Forcible entry and detainer by T. W. Capps against E. M. Proctor. Judgment for defendant in justice’s court, and from a judgment for plaintiff on a trial to a jury in the county court, defendant brings error.

1Opinion of the CourtTurner, J.

On October 14, 1915, T. W. Capps sued E. M. Proctor in Cotton county, before a justice of the peace, in forcible entry and detainer. He alleged that on March 16, 1915, he was in rightful and exclusive possession of a certain quarter section of land in that county, and that while so possessed defendant wrongfully, unlawfully, and forcibly broke and entered thereupon and took from laintiff a certain 139 acres thereof. He prayed for possession and for damages. After a plea of not guilty, there was trial and judgment for defendant, and on trial anew to a jury in the county court in favor of…

2Cases cited1 opinion

  1. Brown v. MayhallSupreme Court of Oklahoma · 1917

3Cited by2 opinions

  1. Canadian Valley Bank v. CookSupreme Court of Oklahoma · 1926
  2. Edward C. Plume Co. v. BankstonSupreme Court of Oklahoma · 1919

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