Rodman v. Davis
Supreme Court of Oklahoma
Error from District Court, Seminole County; Robert M. Rainey, Judge. Action in ejectment and for rent, with attachment proceedings, by C. M. Rodman and Sam Horton against Bob Davis and Harriett Davis. Judgment for defendants on motion to dissolve attachment, and plaintiffs bring error.
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Error from District Court, Seminole County; Robert M. Rainey, Judge. Action in ejectment and for rent, with attachment proceedings, by C. M. Rodman and Sam Horton against Bob Davis and Harriett Davis. Judgment for defendants on motion to dissolve attachment, and plaintiffs bring error. On September 30, 1910, plaintiffs in error filed in the district court of Seminole county their petition alleging that they were the owners in fee simple, and entitled to the immediate possession of certain described real estate, the rental value of which. was $300 per year, and that defendants in error had…
1Opinion of the Court
Opinion by
ROBERTSON, C.
(after stating the facts as above). It will be observed that plaintiffs not only seek a recovery of the possession of the land, but they also seek to recover the rental value of the same for two years. Under the common law, in the original action of ejectment,'actual damages were awarded plaintiff in case a recovery of possession was had, but later, when the action was adopted as an easy and common method of trying title to real property and the proceedings became fictitious and the parties nominal only, the practice arose to allow only nominal damages, necessitating…
2Cases cited19 opinions
- Scarborough v. SmithSupreme Court of Kansas · 1877
- Gatton v. TolleySupreme Court of Kansas · 1879
- Scantlin v. AllisonSupreme Court of Kansas · 1884
- Bottorff v. WiseIndiana Supreme Court · 1876
- Jacks v. DyerSupreme Court of Arkansas · 1876
14 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Earl v. TylerSupreme Court of Oklahoma · 1912
- Bigham v. AlexanderSupreme Court of Oklahoma · 1915
- Bilby v. GillilandSupreme Court of Oklahoma · 1913
- Von Padua v. American Type Founders Co.Idaho Supreme Court · 1920