Harding v. Garber
Supreme Court of Oklahoma
Okla. T. Application of Daniel W. Harding for writ of mandamus to M. C. Garber, judge of the district court of Garfield county, to control judicial action.
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Okla. T. Application of Daniel W. Harding for writ of mandamus to M. C. Garber, judge of the district court of Garfield county, to control judicial action. Relator’s petition, after omitting caption and exhibits, is: “The relator, Daniel W. Harding, represents and shows to this court: That on, to wit, the-day of-, 1896, one John Romig held a mortgage on the east half of the northeast quarter of section eighteen (18), in township twenty-two (22) north, of range six (6) west of the Indian meridian, in Garfield county, Oída. T. That the apparent legal title to said land was at the time in one…
1Opinion of the Court
Hayes, J.:
(after stating the facts as above). The principle question presented to this court by the pleadings before it is whether the respondent, as judge of the district court of Garfield county, under the mandates of the Supreme Court of the United States, and of the Supreme Court of Oklahoma, directing that an order be made by the trial court in the principal ease, .which, without disturbing the possession of Harding, would give to the appellee Myrtle Gillett the right to appear, plead, and make such defense as under the facts in the case and the principles of equity she was entiteld to,…
2Cases cited3 opinions
- Thompson v. Maxwell Land Grant & Railway Co.Supreme Court of the United States · 1897
- Gillett v. RomigSupreme Court of Oklahoma · 1906
- Bryan v. BrasiusSupreme Court of the United States · 1896
3Cited by12 opinions
- Lowrance v. HenrySupreme Court of Oklahoma · 1919
- State Ex Rel. Dawson v. DinwiddieSupreme Court of Oklahoma · 1939
- Harper v. Aetna Bldg. & Loan Ass'nSupreme Court of Oklahoma · 1922
- Moore v. O'DellSupreme Court of Oklahoma · 1910
- Harris v. ChambersSupreme Court of Oklahoma · 1926
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