Legal Opinion

Bozarth v. Mitchell

Supreme Court of Oklahoma

Decided April 25, 1916No. 6325PublishedCited by 1 opinion

Error from District Court, Tulsa County; L. M. Poe, Judge. Action by Mark L. Bozarth and another against John O. Mitchell and others. Judgment for defendants, and plaintiffs bring error.

1Opinion of the Court

Opinion by

BLEAKMORE, C..

This is an appeal from the judgment of the district court of Tulsa county, sustaining a demurrer to the petition in an action seeking a decree establishing that plaintiffs are the owners of certain lands allotted in the name of a Cherokee citizen, charging the legal title, evidenced by patent conveying same, with their equitable right thereto, and to have defendants declared trustees for them. By the petition it is alleged that on May 3, 1907, Martha Pheasant, an intermarried white woman, duly enrolled as a Cherokee citizen, and entitled thereto, selected the lands…

2Cases cited17 opinions

  1. Garfield v. United States Ex Rel. GoldsbySupreme Court of the United States · 1908
  2. James v. Germania Iron Co.Court of Appeals for the Eighth Circuit · 1901
  3. Wallace v. AdamsCourt of Appeals for the Eighth Circuit · 1906
  4. Ross v. StewartSupreme Court of the United States · 1913
  5. Godfrey v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908

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

3Cited by1 opinion

  1. Colbert v. PattersonSupreme Court of Oklahoma · 1921

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