Legal Opinion · Dissent

Kenworthy v. Murphy

Supreme Court of Oklahoma

Decided January 23, 1951No. 33860Published

1DissentDavison, J.

I cannot agree with the opinion of the majority of the court in this case nor with the conclusion that the judgment of the lower court should be reversed. Consequently, I desire to express my views. The facts are not involved.

The defendant is the owner of the record title of the lands. In 1921, plaintiff purchased the same at the regular sale for delinquent taxes, and was issued a tax sale certificate. He owned adjoining lands. He took immediate possession, enclosed the lands with a fence and has occupied the same either individually or by tenant ever since, this suit ■ to quiet title being…

2Cases cited14 opinions

  1. Stolfa v. GainesSupreme Court of Oklahoma · 1929
  2. Honeyman v. AndrewSupreme Court of Oklahoma · 1926
  3. Anderson v. MacEMontana Supreme Court · 1935
  4. Probst v. Trustees of the Board of Domestic Missions of the General Assembly of the Presbyterian ChurchSupreme Court of the United States · 1889
  5. James v. Union Graded School Dist. No. 2Supreme Court of Oklahoma · 1949

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