The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1898-08-18
Supreme Court Opinion
charles t oya-rt and clara pysart.
VS.
Theodore : Ersiow
Appeal frem District court of ps5ni
county

Appeal frem District court Of pa5ns
county
sYt1ABus
opinion hv H0ner
"rorcible Entr, and netainer when
Maintained In an ocuonof forcibie entry
and detainer under section iso5 Of the Jus
tce civil code Of procedure che right u
possession IS the only question involved
And TO maintain such action it 10 only
necessary FOR the piauun TO establish
,hat he has clear right Of possession ct
The time DE notice 60 quit and gaoats the
premises ls given
Nature of Action want % Eqult-
able Jurisdiction An action Of forcible
dctaincr is Is purely proceeding at law.
ana does not and caunot involve the ex-
srcise OF equitable Jurisdiction.
where he defendants plead special
defence ia their answer. alleging that
the plaintiffs right Of possession
la based upou centain instrument
denimnated trust dced executed BY
the defendants to the plointns and as
defence to he action, the defendants
ovcrth such instrument is void. because
the plaintiff mad male certain false ana
fauduiant representations I'm procuring
the deod
Held that The equitable powers aud iu-
raidicuou of the court cannot be invok-
g., in this action FOR the purpose Of de-
tcrmtulng tne uts to the land in eontro-
,ersey. OF to annul or cancel the so-caned
decd Of trust
Forcible Detainer Fraud Evi-
deuce. An action OF forcibe detainer. be-
inr lu its nature a summary proceeding
to recover the possenslou OF the land. the
dcrcnsc of fraud In the procurement OF
decd purpotinr 10 convey the premies In
CONTROVERSY to the plaintiff is not ay,n-
ame
Testimony offered BY the defendants. to
show mat such deed was procured.
from the defendants by the plantin. by
means Of fraudulent representations IS
uol admissible ni such am action
we think the evidence IS Sufficient TO
usnan the court below. aud that no er-
ror was committed affecting the substan-
um rights Of ,he appellants ln the trial or
this cause
The Judgment Of the district court. is.
therefore affirmed"
/
FRED BEArL INSURANCE CASE.
afoue C. Baeu
The Mutual life Insurance Company Of
Sew york
This was an action brought by the
riamun in error iu the district court OF
logan count. oklahama Territory. to re-
cover or the Mutual Life Insurance Co,
OF Sew York. the sum OF eight aundfed
dollars on a paid up Insurance 20 y A..
ueau the deceased husband Of the piain-
un m,
j. w. McNeai aud the Guthrie National
Bank were parties defendant 10 ths.gelI
uon
Tho Guthrie National Bank had posses
sion Of the policy and claimed certain
Interest therein. by virtue OF an assign
ment by Fred Boau for the purpose Of se-
curing a loan made by the bank 10 Beall
The msursance company IN It's answer
admitted the fun amount OF the Indebted
ness. and asked the cour, to determine
tbe lawrm ana ughtfu owners Of tho
said policy and that @ be allowed 70 pay
said amount into cour, ant be relieved
from any further liability upon said poll
ioy Harry W. Penteoost claimed that
Fred Beal was indebted 10 him in the
j sum Of three hundred dollars on account
S oi a note that he paid az security no
claimed a iien upon said Insurance polite.
by virtue VI an agreement with the saii
& Fred Baeu Upon these isues the cas-
was tried oy tho cood.
SYLLABUS
% Opinion by Ilainor
Practice Errors Wnen Considered
where the appellant fails to assign Az
error. tho over ruling % motion for d
(, new ula iu the petition Ia error no ques
b zion is properly presented lu this court "a
review errors alleged 60 have occurred
during the progress of the riai. ia th'
= court below
80 available error having been assign
d 90. or argued in the briet OF council fo
y plaiuun p error ard mo- substantial erro
% uppearing in the record the Judgment o.
y me district court is affirmed
e The lower court made the following or
der
That the Muual Idfa Insurance com
pauy of New York pay into court ih
sum of eight hundred dolprs. and tha
tho said eight hundred dollars De py th
clerk OF aaid court paid "a the following
order First costs % this action;
Second no me Guthrie National Banl
the SUM Of four hundred and tweng-oa
dollars
Third To HarD w peniooost la -
individual capacity. the sum Of thse
=, hundred and seventy nye donsrs ana