Legal Opinion

Reynolds v. Hill

Supreme Court of Oklahoma

Decided October 13, 1914No. 5135 (Nos. 5135 to 5139 Consolidated.)PublishedCited by 2 opinions

2. APPEAL AND ERROR — Mixed Question of Law and Pact — Con-elusiveness of Findings. Where there is a mixed question of law and fact, and the court cannot so separate them as to determine where the error of law is, the decision of the tribunal to which the law has confided the matter is conclusive. 3. PUBLIC LANDS — Proceedings in Land Office — Contests—Indian Lands — -Will—Effect as Evidence.

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2. APPEAL AND ERROR — Mixed Question of Law and Pact — Con-elusiveness of Findings. Where there is a mixed question of law and fact, and the court cannot so separate them as to determine where the error of law is, the decision of the tribunal to which the law has confided the matter is conclusive. 3. PUBLIC LANDS — Proceedings in Land Office — Contests—Indian Lands — -Will—Effect as Evidence. Where in a contest before the Secretary of the Interior contestants based their title upon the will of a white man, who intermarried with a Chickasaw woman of Indian blood, purporting to devise to his…

1Opinion of the CourtTurner, J.

On March 12, 1912, Harry E. Hill, a minor, by his guardian, sued Frank Reynolds, a minor, by his guardian, in the superior court of Grady county. The object of the suit was to have the court declare defendant a trustee for plaintiff as to the lands set forth in his petition, wherein he alleges that the Secretary of the Interior, as a result of gross mistake of facts and an erroneous view of the law, in a contest theretofore pending before him, had on May 9, 1911, rendered a decision allotting the lands to defendant. After answer filed, in effect a general denial, there was trial to the court…

2Cases cited8 opinions

  1. Marquez v. FrisbieSupreme Court of the United States · 1879
  2. Lee v. JohnsonSupreme Court of the United States · 1885
  3. Ross v. StewartSupreme Court of Oklahoma · 1910
  4. Wiseman v. EastmanWashington Supreme Court · 1899
  5. Reynolds v. HillSupreme Court of Oklahoma · 1910

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3Cited by2 opinions

  1. Turner v. Old Homestead Co.Supreme Court of Oklahoma · 1918
  2. O'Quinn v. JoinerSupreme Court of Oklahoma · 1917

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