Higgins v. Butler
Supreme Court of Oklahoma
Error from the District Court of Oklahoma County; before B. F. Burwell, District Judge. STATEMENT OP THE CASE. On tbe 19tb of April, 1897, William Butler and Maria Butler, plaintiffs in this action in the court below, filed their amended petition against Robert Higgins and S. A. Higgins, defendants therein.
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Error from the District Court of Oklahoma County; before B. F. Burwell, District Judge. STATEMENT OP THE CASE. On tbe 19tb of April, 1897, William Butler and Maria Butler, plaintiffs in this action in the court below, filed their amended petition against Robert Higgins and S. A. Higgins, defendants therein. It appears from the allegations in the petition that on the 8th day of May, 1889, Robert Higgins, one of the plaintiffs in error, was the occupant of the S. W. £ of sec. 33, twp. 12 north, of range 3 west of the Indian Merid’an, the title to which land was then in the government of the…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
The defense relied upon by the defendants was, that such a contract to convey lands is illegal and void. When we consider that portion of the petition which asks for a specific performance of the contract, or that pdrtion which asks to have the contract considered as a mortgage against the premises, and for a foreclosure of the same, in the light of the doctrine laid down by the supreme court of Kansas, in the case of Mellison et al. v. Allen et al. 2nd. Pac. 97, 30 Kans. 382, and the doctrine declared by the California supreme court in the case of McGregor,…
2Cases cited1 opinion
- Mellison v. AllenSupreme Court of Kansas · 1883
3Cited by9 opinions
- Riedell v. StuartSupreme Court of Oklahoma · 1931
- Clark v. FrazierSupreme Court of Oklahoma · 1918
- Barnes v. McKinneyCourt of Civil Appeals of Oklahoma · 1979
- Bellis v. RadabaughSupreme Court of Oklahoma · 1928
- Prince v. GosnellSupreme Court of Oklahoma · 1907
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