Capps v. Hensley
Supreme Court of Oklahoma
Appeal from the United States Court for the Western District of the Indian Territory, at Muskogee; William B. Lawrance, Judge. ‘ Ejectment by Gertrude Hensley against James R. Capps and others. Judgment for plaintiff, and defendants appealed to the United States Court of Appeals of the Indian Territory, whence the cause was transferred to the Supreme Court of the state of Oklahoma.
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Appeal from the United States Court for the Western District of the Indian Territory, at Muskogee; William B. Lawrance, Judge. ‘ Ejectment by Gertrude Hensley against James R. Capps and others. Judgment for plaintiff, and defendants appealed to the United States Court of Appeals of the Indian Territory, whence the cause was transferred to the Supreme Court of the state of Oklahoma. This is an action in ejectment, brought by Gertrude Hensley as plaintiff against James R. Capps, Coley Capps, and A. Jack Howard, defendants, in the United States Court for the Western District at Muskogee. The…
1Opinion of the CourtDunn, J.
(after stating the facts as above.) Counsel for plaintiff in error in their brief take the position that section 35 of the Creek Agreement, passed and approved by Congress on March 1, 1901, c. 676, 31 Stat. 871, and afterwards ratified by the Creek nation, commonly known as the “original agreement,” gives to Creek parents, as the natural guardians of their minor children, the right to lease the lands allotted to them without the intervention of any court, and that when such leases were made, they were prima facie valid and legal. Counsel for defendant in error meet this by the authority of…
2Cases cited12 opinions
- Stanton v. New York & Eastern Railway Co.Supreme Court of Connecticut · 1890
- Battelle v. Northwestern Cement & Concrete Pavement Co.Supreme Court of Minnesota · 1887
- Schreyer v. Turner Flouring Co.Oregon Supreme Court · 1896
- McArthur v. Times Printing Co.Supreme Court of Minnesota · 1892
- Ellison v. Jackson Water Co.California Supreme Court · 1859
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3Cited by27 opinions
- Mondragon v. MondragonTexas Supreme Court · 1923
- Carlile v. National Oil & Development Co.Supreme Court of Oklahoma · 1921
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- Durkee v. HazanSupreme Court of Oklahoma · 1968
- Fry v. WolfeSupreme Court of Oklahoma · 1924
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