Wheatland Grain & Lumber Co. v. Dowden
Supreme Court of Oklahoma
Error from District Court, Qrady County; FrmTc M. Bailey, Judge. Action by E. Dowden against the Wheatland Grain & Lumber Company and others. From a judgment in favor of plaintiff, defendants bring error. The land involved in this controversy was allotted to Aaron Colbert, a member by blood of the Croctaw Tribe of Indians.
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Error from District Court, Qrady County; FrmTc M. Bailey, Judge. Action by E. Dowden against the Wheatland Grain & Lumber Company and others. From a judgment in favor of plaintiff, defendants bring error. The land involved in this controversy was allotted to Aaron Colbert, a member by blood of the Croctaw Tribe of Indians. A certificate of allotment was duly issued thereto, and subsequent to the filing of the allotment, but prior to the issuance of such certificate, the allottee being deceased, the defendant in error, E. Dowden, purchased said land from his heirs at law, receiving a proper…
1Opinion of the CourtWilliams, J.
(after stating the facts as above). This being an appeal from a judgment rendered on default, it is essential to determine whether the allegations of the plaintiff’s petition, admitting the same to be true, constitute cause of action. Lewis et al. v. Clements, 21 Okla. 167, 95 Pac. 769; Le Force v. Haymes, 25 Okla. 190, 105 Pac. 644; International Harvester Co. v. Cameron, 25 Okla. 256, 105 Pac. 189.
The petition or complaint substantially alleges an equitable title,-with prior possession, in the plaintiff (defendant in error), and that the defendants went into possession of a portion of said…
2Cases cited25 opinions
- De Graffenreid v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- Ballinger v. United States Ex Rel. FrostSupreme Court of the United States · 1910
- Allen v. McCallaSupreme Court of Iowa · 1868
- State Ex Rel. Reardon, Co. v. ScalesSupreme Court of Oklahoma · 1908
- Godfrey v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
20 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Pettis v. JohnstonSupreme Court of Oklahoma · 1920
- Ziska v. AveySupreme Court of Oklahoma · 1912
- Standard Savings & Loan Ass'n v. Anthony Wholesale Grocery Co.Supreme Court of Oklahoma · 1916
- Continental Gin Co. v. ArnoldSupreme Court of Oklahoma · 1916
- Chivers v. Board of Com'rs of Johnston CountySupreme Court of Oklahoma · 1916
14 more not listed; retrieve them via the Exa API.