Capital Townsite Co. v. Fox
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Western District of the Indian Territory; before Justice Louis Sulzbacher, December 9, 1904. Suit by the Capital Townsite Company against Charlie Fox and others. From a decree in favor of defendants, complainant appeals.
Read the full summary
Appeal from the United States Court for the Western District of the Indian Territory; before Justice Louis Sulzbacher, December 9, 1904. Suit by the Capital Townsite Company against Charlie Fox and others. From a decree in favor of defendants, complainant appeals. On September 7, 1904, the plaintiffs, T. M. ’Stanclift and Francis' R. Brenan, partners under the firm name of Capital Townsite Company, filed their complaint in equity, and alleged they are citizens of the United States, that defendant Dickman is a citizen of the United States, and that defendant Charlie Fox is a citizen of the…
1Opinion of the CourtTownsend, J.
(after stating the facts). The appellant has filed two specifications of error, as follows: “(1) The court erred in sustaining defendants’ demurrer to plaintiffs’ complaint (a) because the complaint does show that appellants, the plaintiffs below, have a right, .title, and interest in and to the lands in controversy; (b) because the court had and has jurisdiction to inquire into the matter of how much land should have been and was set apart by the officers and agents of the Interior Department for the townsite of Bixby, I. T.; (c) because the facts stated in the complaint entitle appellant-,…
2Cases cited2 opinions
- St. Louis, I. M. & South. Ry. Co. v. LawrenceCourt Of Appeals Of Indian Territory · 1903
- United States v. LewisCourt Of Appeals Of Indian Territory · 1903
3Cited by3 opinions
- Cochran v. HockerSupreme Court of Oklahoma · 1912
- Stanclift v. FoxCourt of Appeals for the Eighth Circuit · 1907
- Fawcett v. HillSupreme Court of Oklahoma · 1911