State ex rel. Commissioners of the Land Office v. Seelke

BOX, Judge:

An appeal by the Commissioners of the Land Office of the State of Oklahoma, plaintiff in the trial court, from a demurrer to the evidence in favor of defendants in the trial court, John and Catherine Seelke, appellees herein. For convenience, appellant will be referred to as the State and Mr. and Mrs. Seelke as appellees.

Upon admission to statehood, the land in controversy, which is contained within Section 36, Township 20 North, Range 10 West, was given in trust to the State of Oklahoma for use and benefit of the common schools. At this time, the State owned Lots 1 through 9…