Shrimsher v. Newton
Court Of Appeals Of Indian Territory
Appeal from the United States court for the Northern district. John R. Thomas, Judge. Action by Bessie B. Shrimsher against J. L. Newton and others. Judgment for a portion only of the relief claimed. Plaintiff appeals.
Read the full summary
Appeal from the United States court for the Northern district. John R. Thomas, Judge. Action by Bessie B. Shrimsher against J. L. Newton and others. Judgment for a portion only of the relief claimed. Plaintiff appeals. On the 2d day of February, 1900, plaintiff filed her complaint, alleging: That she and defendant are all Cherokee Indians, and that defendants Newton, Mitchell and Ward, on the 24th day of January, 1899, made, executed, and delivered to her their certain promissory note as follows: “$600.00. Claremore, I. T., Jan. 24, 1899. August 1st, after date,' for value received, we…
1Opinion of the CourtTownsend, C. J.
The appellant has filed two specifications of error, as follows: ‘‘First. The court erred in sustaining the demurrer, and létting it relate back to the complaint of plaintiff, dismissing that part of plaintiff’s complaint which asked for a lien upon the purchase price. Second. The court erred in holding that no lien existed or could exist in the Cherokee Nation upon improvements situated upon Cherokee [lands owned by one citizen of the Cherokee Nation and sold to another citizen of the Cherokee Nation by said citizen. ” It appears from the answer filed by appellees (defendants below) that the…
2Cases cited7 opinions
- Pierson v. DavidSupreme Court of Iowa · 1855
- Stephens v. ShannonSupreme Court of Arkansas · 1884
- Ligon's v. Insurance Co.Tennessee Supreme Court · 1889
- Lavender v. AbbottSupreme Court of Arkansas · 1875
- Stroud v. PaceSupreme Court of Arkansas · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Roth v. Union Nat. Bank of BartlesvilleSupreme Court of Oklahoma · 1916
- Hubbard v. ChismCourt Of Appeals Of Indian Territory · 1904