Poplin v. Clausen
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Northern District. William M. Springer, Judge. Action by Kate Poplin and another against J. F. Clausen. Judgment for defendant. . Plaintiffs appeal.
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Appeal from the United States Court for the Northern District. William M. Springer, Judge. Action by Kate Poplin and another against J. F. Clausen. Judgment for defendant. . Plaintiffs appeal. On the 30th of August, 1895, the appellants, Kate and George Poplin, instituted this suit against the appellee, J.| F. Clausen, in the United States Court for the Norther district of the Indian Territory, at Vinita, for the recover of 200 acres of land, more or less, alleging that they wer citizens of the Cherokee Nation and the owners and entitle' to the possession of the premises in controversy; that…
1Opinion of the CourtKilgore, J.
(after stating the facts.) The first error [signed assails the action of the court in overruling the [murrer to the defendant’s answer. Consideration of this jling might be refused upon the ground that it was not exited to in the trial. Johnson vs West, 41 Ark. 535; Elliott, ip. Proc. § 784. If at liberty to consider the ruling upon demurrer, the following facts set up in the answer must I treated as established: That the appellee was in pos-esión of the premises sued for by virtue of a contract with *160one Fannie M. Le Force, who was, at the time oí making said contract, the owner of and…
2Cases cited8 opinions
- Railway Co. v. AmosSupreme Court of Arkansas · 1891
- McKinney v. DembySupreme Court of Arkansas · 1884
- Westmoreland v. United StatesSupreme Court of the United States · 1895
- Johnson v. WestSupreme Court of Arkansas · 1883
- Ballard v. NoaksSupreme Court of Arkansas · 1839
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Roeder v. RobertsonSupreme Court of Missouri · 1907
- Cobb v. KillingsworthSupreme Court of Oklahoma · 1920
- Muskogee Development Co. v. GreenSupreme Court of Oklahoma · 1908
- Young v. GausMissouri Court of Appeals · 1908