Legal Opinion

Apple v. Pierce

Supreme Court of Oklahoma

Decided February 29, 1916No. 4683PublishedCited by 2 opinions

Error from District Court, Carter County; S. H. Russell, Judge. Action by S. A. Apple and another against G. W. Pierce and others, composing the firm of Westheimer & Daube. Judgment for defendants, and plaintiffs bring error.

1Opinion of the Court

Opinion by

WATTS, C.

On October 5, 1911, S. A. Apple and Wirt Franklin filed their petition in the dis trict court of Carter county, against G. W. Pierce, alleging that they had a legal and an equitable estate in and to the S. % of S. E. 14 of section 26 (homestead) and the N. 1/2 of N. E. 14 and N. l/2 of S. W. 1/4 of N. E. 1/4 of section 35 (surplus), all in township 3 N., range 1 E., and were entitled to immediate possession thereof; that they had been damaged in the sum of $700 by the defendants’ unlawfully withholding possession; that the defendants had unlawfully kept them out of-…

2Cases cited5 opinions

  1. Hudson v. HildtSupreme Court of Oklahoma · 1915
  2. Whitham v. LehmerSupreme Court of Oklahoma · 1908
  3. Reirdon v. SmithSupreme Court of Oklahoma · 1916
  4. Apple v. Westheimer & DaubeSupreme Court of Oklahoma · 1916
  5. Darnell v. HumeSupreme Court of Oklahoma · 1914

3Cited by2 opinions

  1. Brown v. Van PeltSupreme Court of Oklahoma · 1917
  2. Dowell v. BrownSupreme Court of Oklahoma · 1922

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