Legal Opinion

Rogers v. Hill

Court Of Appeals Of Indian Territory

Decided October 4, 1901PublishedCited by 7 opinions

Appeal from the United States Court for the Southern District. Hosea Townsend, Judge. Action by Evans Hill against B. P. Rogers and others. Demurrer to defendants’ answer sustained. Defendants appeal. This is an action of unlawful detainer by Evans Hill, a citizen of the Chickasaw Nation, as plaintiff, against B. F. Rogers and others, citizens of the United States.

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Appeal from the United States Court for the Southern District. Hosea Townsend, Judge. Action by Evans Hill against B. P. Rogers and others. Demurrer to defendants’ answer sustained. Defendants appeal. This is an action of unlawful detainer by Evans Hill, a citizen of the Chickasaw Nation, as plaintiff, against B. F. Rogers and others, citizens of the United States. The complaint alleges that in 1890 one R. J. Green, a Chickasaw Indian, was the owner of an'improved farm in the Chickasaw Nation, which he at that time leased to appellant B. P. Rogers for the term of eight years; that in…

1Opinion of the CourtClayton, J.

Appellants assign the following errors: (1) The court erred in sustaining plaintiff’s demurrer to defendant’s answer; (2) the court erred in holding that the deed from Green to Rogers was void; (8) the court erred in holding that a transfer, such as Green executed, did not terminate the relation of landlord and tenant; (4) the court erred in sustaining demurrer to defendants’ answer, because the fifth paragraph of said answer was good. The assignments may all be considered together, as they all necessarily depend upon a determination of the question as to whether or not the conveyance of…

2Cases cited5 opinions

  1. McIntosh v. LeeSupreme Court of Iowa · 1881
  2. Hall v. WallaceCalifornia Supreme Court · 1891
  3. Kelly v. JohnsonCourt Of Appeals Of Indian Territory · 1897
  4. Lehman v. NoltingMissouri Court of Appeals · 1894
  5. Case v. HallCourt Of Appeals Of Indian Territory · 1898

3Cited by7 opinions

  1. Tate v. GainesSupreme Court of Oklahoma · 1909
  2. Bristow v. CarrigerSupreme Court of Oklahoma · 1909
  3. Heller v. JentzschSupreme Court of Missouri · 1924
  4. Kelly v. HarperCourt Of Appeals Of Indian Territory · 1907
  5. Goodrum v. BuffaloCourt Of Appeals Of Indian Territory · 1907

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