Legal Opinion

Storm v. Garnett

Supreme Court of Oklahoma

Decided June 10, 1924No. 13594PublishedCited by 10 opinions

Commissioners’ Opinion, Division No. 4. Error from District Court, Oklahoma County; C. C. Smith, 'Assigned Judge. Action by Mattie R. McHan against Chas. H. Garnett. Arthur C. Hobble and E. L. Garnett, to cancel and set aside certain judgments as a cloud upon the title to certain real property owned by the plaintiff. During the course of the litigation plaintiff died and the cause was revived in the name of Geo. E. Storm, administrator; and M. T. Swisher, Geo.

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Commissioners’ Opinion, Division No. 4. Error from District Court, Oklahoma County; C. C. Smith, 'Assigned Judge. Action by Mattie R. McHan against Chas. H. Garnett. Arthur C. Hobble and E. L. Garnett, to cancel and set aside certain judgments as a cloud upon the title to certain real property owned by the plaintiff. During the course of the litigation plaintiff died and the cause was revived in the name of Geo. E. Storm, administrator; and M. T. Swisher, Geo. E. Swisher, and G. A. Paul were made parties. Judgment for Chas. H. Garnett, Arthur C. Hobble, and E. L. Gar-nett against Geo. E.…

1Opinion of the Court

Opinion by

SHACKELFORD, C.

Many assignments of error are made and argued in the brief of plaintiffs in error. In the trial of the cause there was little or no dispute ,in the evidence. Much of the evidence was matters of record in the Oklahoma county district court. The dispute arising between the parties was not as to what was proven, but what legal significance and effect should be given to what was proven and the instruments and records introduced upon the trial. As we see this case, there are three questions presented which require consideration for the purpose of properly disposing of this…

2Cases cited58 opinions

  1. Secor v. . SturgisNew York Court of Appeals · 1858
  2. New York, Lake Erie & Western Railroad v. EstillSupreme Court of the United States · 1893
  3. Terry v. . MungerNew York Court of Appeals · 1890
  4. Conrow v. . LittleNew York Court of Appeals · 1889
  5. Herbert v. WaggSupreme Court of Oklahoma · 1910

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3Cited by10 opinions

  1. Oklahoma Tax Commission v. Fortinberry Co.Supreme Court of Oklahoma · 1949
  2. Swink v. SwinkSupreme Court of Missouri · 1963
  3. Greenwood v. WilkinsonSupreme Court of Oklahoma · 1927
  4. Hertzmark v. LynchCourt of Appeals for the First Circuit · 1931
  5. Enosburg Falls Savings Bank & Trust Co. v. McKinneySupreme Court of Oklahoma · 1935

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