Estes v. Timmons
Supreme Court of Oklahoma
Error from the District Cou,rt of Pottawatomie County; before Bayard T. Hainer, Trial Judge. STATEMENT OF FACTS'. This is an action in equity to declare a trust, and grows out of proceedings in the United States land office between the parties relative to their respective rights to make homestead entry to the south half of the southeast quarter of section eighteen, township ten north, range four east of the Indian Meridian, Pottawatomie county, Oklahoma.
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Error from the District Cou,rt of Pottawatomie County; before Bayard T. Hainer, Trial Judge. STATEMENT OF FACTS'. This is an action in equity to declare a trust, and grows out of proceedings in the United States land office between the parties relative to their respective rights to make homestead entry to the south half of the southeast quarter of section eighteen, township ten north, range four east of the Indian Meridian, Pottawatomie county, Oklahoma. It appears from the record that plaintiff in error, Estes, made settlement upon the southeast quarter of section eighteen aforesaid on…
1Opinion of the Court
Opinion of the court by
Gillette, J.:
The right of the plaintiff to maintain-this action is based wholly upon the alleged fraud of defend ant Timmons, in the proofs by him submitted to the register and receiver of the land office,, and the only question for consideration on this appeal is whether the court below erred in sustaining a demurrer to the complaint upon the ground that it did not contain facts sufficient to constitute a cause of ¡action.
There can be no question about the power of courts of -equity in this class of cases to inquire into and correct mistakes, injustice and wrong, in…
2Cases cited10 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Johnson v. TowsleySupreme Court of the United States · 1871
- Shepley v. CowanSupreme Court of the United States · 1876
- Marquez v. FrisbieSupreme Court of the United States · 1879
- Quinby v. ConlanSupreme Court of the United States · 1882
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3Cited by10 opinions
- Balbridge v. SmithSupreme Court of Oklahoma · 1919
- Vacuum Oil Co. v. BrettSupreme Court of Oklahoma · 1931
- Clinton v. MillerSupreme Court of Oklahoma · 1923
- O'Brien v. Van Arsdale-Osborne Brokerage Co.Supreme Court of Oklahoma · 1921
- O'Neill v. CunninghamSupreme Court of Oklahoma · 1926
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