Legal Opinion

Eaves v. Mullen

Supreme Court of Oklahoma

Decided March 2, 1910No. 933PublishedCited by 57 opinions

Error from District Court, Carter County; 8. H. Bussell, Judge. Action by J. S. Mullen against J. J. Eaves. Judgment for plaintiff. Defendant brings error. This is an action of ejectment brought by defendant in error in the district court of Carter county to recover the possession of a certain tract of land situated in said county.

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Error from District Court, Carter County; 8. H. Bussell, Judge. Action by J. S. Mullen against J. J. Eaves. Judgment for plaintiff. Defendant brings error. This is an action of ejectment brought by defendant in error in the district court of Carter county to recover the possession of a certain tract of land situated in said county. In his petition in that court defendant in error, hereinafter called plaintiff, alleges . that he has a legal estate in fee simple and a'n equitable estate in and to a certain tract of land which he describes, and that he is entitled to the immediate possession…

1Opinion of the CourtHayes, J.

(after stating the facts as above). The first contention of counsel for plaintiff in error is that the county court of Carter county was without jurisdiction to entertain the petition of the guardian, F. A. Bonner, for an order of sale of his wards’ interest in the land in controversy. He concedes that the United States Court for the Southern District of the Indian Territory had jurisdiction to appoint F. A. Bonner guardian of the minors. His wards then resided, and now reside, in what was formerly the Southern District of the Indian Territory. It is not contended that any change of residence…

2Cases cited22 opinions

  1. US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
  2. Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
  3. Benner v. PorterSupreme Court of the United States · 1850
  4. Mohr v. ManierreSupreme Court of the United States · 1880
  5. Henry v. McKerlieSupreme Court of Missouri · 1883

17 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. Roth v. Union Nat. Bank of BartlesvilleSupreme Court of Oklahoma · 1916
  2. Hathaway v. HoffmanSupreme Court of Oklahoma · 1915
  3. Continental Gin Co. v. De BordSupreme Court of Oklahoma · 1912
  4. Welch v. FochtSupreme Court of Oklahoma · 1918
  5. Allison v. CrummeySupreme Court of Oklahoma · 1916

52 more not listed; retrieve them via the Exa API.

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