Legal Opinion

Winebrenner v. Forney

Supreme Court of the United States

Decided April 6, 1903No. 409PublishedCited by 10 opinions

APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. The appellee holds the government patent to the southwest quarter of section 19, township 26 north, range .1 east, of the Indian meridian in Kay County, Oklahoma Territory. The appellant claimed an equitable right to the land and brought this suit to have the defendant declared a trustee of the title for his benefit.

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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. The appellee holds the government patent to the southwest quarter of section 19, township 26 north, range .1 east, of the Indian meridian in Kay County, Oklahoma Territory. The appellant claimed an equitable right to the land and brought this suit to have the defendant declared a trustee of the title for his benefit. A demurrer to a second amended petition was sustained by the trial court and a decree entered dismissing the suit. This decree was affirmed by the Supreme Court of the Territory; 11 Oklahoma, '565, and from that decision…

1Opinion of the CourtJustice Brewer

The President’s proclamation, after reciting that the Cherokee Nation of Indians had “ ceded, conveyed, transferred, relinquished and surrendered all its title, claim and interest of every kind and character in and to that part of the Indian Territory bounded on the west by the one hundredth degree (100°) of west longitude; on the north by the State,of Kansas; on the east by the ninety-sixth degree (96°) of west longitude; and on the south by the Creek Nation, the Territory of Oklahoma and the Cheyenne and Arapahoe reservation created or defined by executive order dated August tenth, eighteen…

2Cases cited3 opinions

  1. Cherokee Nation v. JourneycakeSupreme Court of the United States · 1894
  2. Smith v. TownsendSupreme Court of the United States · 1893
  3. Payne v. RobertsonSupreme Court of the United States · 1898

3Cited by10 opinions

  1. Mutual Life Insurnace v. HillSupreme Court of the United States · 1904
  2. John Early v. Eastern TransferCourt of Appeals for the First Circuit · 1983
  3. Mutual Life Ins. v. NewSupreme Court of Louisiana · 1909
  4. C. M. G. v. StateCourt of Criminal Appeals of Oklahoma · 1979
  5. Lange v. New York Life InsuranceSupreme Court of Missouri · 1914

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