Legal Opinion

Hawkins v. Stevens

Supreme Court of Oklahoma

Decided September 9, 1908No. 836, Ind. TPublishedCited by 3 opinions

Error from the United States Court for the Western District of the Indian T'emtory, at Muskogee; William B. Lawrence, Judge. Action by Harry L. Stevens against Martha Hawkins. Judgment for plaintiff. Defendant brings error.

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Error from the United States Court for the Western District of the Indian T'emtory, at Muskogee; William B. Lawrence, Judge. Action by Harry L. Stevens against Martha Hawkins. Judgment for plaintiff. Defendant brings error. August 11, 1906, the appellee, who was plaintiff below, filed his complaint in the United States Court for the Western District of Indian Territory at Muskogee, against Martha Hawkins, in which he alleged that he was the owner and entitled to the immediate possession of the S. E. % of section 20, township 16 N, range 17 E., and that in 1903 patent for said land was issued…

1Opinion of the CourtDuNN, J.

(after stating the facts as above). The judgment of the court in this case was based upon the undisputed averments of the pleadings and the agreed statement of facts. Appellant's contention is that the same was erroneous, in that, being the widow of the deceased allottee, the owner of the land, which was occupied by her, she was entitled to dower therein, and that by virtue of having been appointed administratrix of her deceased husband’s estate she was entitled to the possession of the entire tract, which she insists, with its proceeds, was liable for the payment of the debts of the…

2Cases cited3 opinions

  1. Trimble v. JamesSupreme Court of Arkansas · 1883
  2. Mock v. PleasantsSupreme Court of Arkansas · 1879
  3. Smith v. StephensSupreme Court of Missouri · 1901

3Cited by3 opinions

  1. Cook v. ChildsSupreme Court of Oklahoma · 1915
  2. Wadsworth v. CrumpSupreme Court of Oklahoma · 1916
  3. King v. BeallSupreme Court of Oklahoma · 1934

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