Blocker v. McLendon
Court Of Appeals Of Indian Territory
Appeal from the United States Court for the Southern District of the Indian Territory; before Justice Hosea Townsend, May 14, 1902. Ejectment by James W. McClendon and others against Ada H. Blocker and others. From a judgment for plaintiffs, defendants appeal.
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Appeal from the United States Court for the Southern District of the Indian Territory; before Justice Hosea Townsend, May 14, 1902. Ejectment by James W. McClendon and others against Ada H. Blocker and others. From a judgment for plaintiffs, defendants appeal. This is an action of ejectment, brought by James W. and Katherine McClendon, citizens of the Choctaw Nation, against Abner Blocker, Mrs. Josephine Blocker, W. H. Gibson, and C. L. Williams, for the possession of a tract of land in the Chickasaw Nation. The complaint was filed November 27, 1900. It alleges that plaintiffs acquired the…
1Opinion of the CourtClayton, J.
(after stating the facts). Appellants ask this court to reverse the judgment of the court below because the complaint is one of unlawful detainer, and not of ejectment; and, as the proof fails to sustain the allegation as to notice to vacate, it is urged that the action of unlawful detainer cannot be maintained. But a reference to the complaint clearly shows this to be purely an action of ejectment. The complaint, it is true, alleges that some of the defendants had recognized the plaintiffs as their landlord; but the action is based, not in the termination of the tenancy, but on the title of…
2Cases cited1 opinion
- Riley v. NormanSupreme Court of Arkansas · 1882
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