Legal Opinion

Lowenstein v. Sexton

Supreme Court of Oklahoma

Decided February 14, 1907PublishedCited by 28 opinions

Error from the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STATEMENT OF FACTS. On the 3rd day of November, 1890, defendant in error, Perry Sexton, procured a deed to lot No. 21, in block 35 in Oklahoma City, Oklahoma county, Territory of Oklahoma, from the duly appointed, qualified and acting trustees of the townsite of said Oklahoma City, and has ever since .been the owner of said lot, holding the original government title thereto, as shown by the…

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Error from the District Court of Oklahoma County; before B. F. Burwell, Trial Judge. STATEMENT OF FACTS. On the 3rd day of November, 1890, defendant in error, Perry Sexton, procured a deed to lot No. 21, in block 35 in Oklahoma City, Oklahoma county, Territory of Oklahoma, from the duly appointed, qualified and acting trustees of the townsite of said Oklahoma City, and has ever since .been the owner of said lot, holding the original government title thereto, as shown by the said trustees deed, which was filed for record on the day of its issue, to-wit: Nov. 3, 1890. Soon after procuring the…

1Opinion of the Court

Opinion of the court by

Gillette, J.:

Two propositions are presented for determination here:

First, is the tax deed of plaintiff void upon its face ?

Second, does the statute of limitations protect the plaintiff in his title notwithstanding defects in the deed?

The deed conveyed six (6) separate parcels of land which were not contiguous and recited that they were sold to plaintiff, Lowenstein, for the sum of $133.78, on the 3rd day of September, 1894 at the office of the county treasurer.

The lot in question was sold for $43.63, which fact is not recited in the deed, but is shown by evidence…

2Cases cited2 opinions

  1. Waterson v. DevoeSupreme Court of Kansas · 1877
  2. Hall's Heirs v. DodgeSupreme Court of Kansas · 1877

3Cited by28 opinions

  1. United States Ex Rel. Farmers Home Administration v. ReedSupreme Court of Oklahoma · 1996
  2. Sandlin v. BarkerSupreme Court of Oklahoma · 1923
  3. Keller v. HawkSupreme Court of Oklahoma · 1907
  4. Woods v. Phillips Petroleum Co.Supreme Court of Oklahoma · 1952
  5. Horsky v. McKennanMontana Supreme Court · 1916

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