Legal Opinion

Bertwell v. Haines

Supreme Court of Oklahoma

Decided September 5, 1900PublishedCited by 6 opinions

Appeal from the District Oourt of Kingfisher County g before John C. Tarsney, District Judge.

1Opinion of the Court

Opinion of the court by

Burwell, J.:

This is an action to declare a resulting trust. The record discloses that the plaintiff on July 22, 1889, filed a homestead entry for the northeast J sec. 12, twp. 19, N., R. 6 W., in Kingfisher county; that the appellee, Haines, on July 22, 1889, filed an application to contest the entry of Bertwell on the ground of prior settlement, claimed to have been made on April 22, 1889, and, at the same time, filed an application to enter the land; but the contest affidavit was not corroborated until August 6, 1889. A trial was had upon due notice, and as a result…

2Cases cited2 opinions

  1. Bohall v. DillaSupreme Court of the United States · 1885
  2. Hunt v. WickliffeSupreme Court of the United States · 1829

3Cited by6 opinions

  1. In Re Dearborn's EstateSupreme Court of Oklahoma · 1931
  2. In Re Lynch's EstateUtah Supreme Court · 1953
  3. McCreath v. DearbornSupreme Court of Oklahoma · 1931
  4. Brennan v. LynchUtah Supreme Court · 1953
  5. Scott v. Oil Well Supply Co.Supreme Court of Oklahoma · 1924

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