The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1901-07-17


-------------------------
the execution Of judgment, one OF the
ayerments OF the petition being that there
was no Judgment rendered by a court
having Jurisdiction. Tho fact averrcd In
the motion TO dissolve the injunction, that
the Injunction was "improvdently and
wronEfully granted. and that 'plaiptin
sas not entitled to the relief prayed for
n It's petition were sufficient 20 raise the
issue as to whether there was, in fact, az
the time OF the hling of the petition. any
cause pending between the plaintiff an(
The defendant company, and whether o
Inct, 81 any such judgment did appear
of record. It was or was not void for
want of jurisdiction Ia the court to en-
ter H.
3 The statute Of this Territory direct
ing the sale OF real estate under execu-
ton is. as follows.
"t2l0 Lands and tenemonts taken Oh
execution shall not bee sold until the Of
nccr cause public notice ~ the time and
place "of sale to De given, for at least
thhty days before the day of sale. by
advertisement in some newspaper printed
in the county. OF. In case no newspaper
be printed in the dounty, in some news
paper OF general circulation therelB and
10y putting up an advertisement upon the
court house door, and IN FIVE other public
places IN the county two OF which shall
be In the township where such lands and
tenements le All sales made without
such advertisement shall be set aside, on
notion by the court to which the ex-
eoution is rcturnable. In this case the
notice OF sale stated the name of the
defendant defectively. This will not yitl-
ate the sale.
The statute does not rcGuire the officer
to include in his notice of the time and
place Of sale, the names OF either the
plaintiff or Of the defendant It was OF
no Importance TO the public whether the
execution debtor was named or not in
the notice Of sale
No 1854
In the Supreme Court OF the Territory
OF oklahoma
Thomas w. Potter plaintiff IN error,
VS..
Mary Han, defendant ir error.
SYLLABUS
This Is "a contest for the ownership
of a homestead. The plaintiff was under
the employment OF the Indian Agent upon
the Cheyenne reservation. at the time
referred to. lie was directed by the In
diaa agent ON the morning of the open
ing, TO proceed to tho east line Of the
Cheyenne and Arapahoe reservation. 70
preserve order and prevent any settle
ment -on the same
AT twelve o'clock on that day, the lands
were opened TO settlement and within
a minute or "a minute and half there
after the plaintiff was upon the land In
dispute, asserting his claim to it as a
homestead During that morning he
crossed the east line Of the Indian res
eryauou ana entered uron the lands
about 20 be opened for settlement. and
upon the tract of land here in question,
Tor the purpose of removing some persons
who We're camping there This entry was
a violation OF tile acts OF Congress OF
March ist and I'd, 1889 which provide with
reference 20 the opening of these lands !
for settlement that: ANY person who |
may enter upon any part OF the lands !
prior TO The me thlt the same are OPP
ened for settlement by the act of congress
shall not e. rermlttcd TO occupy or make |
entry of such ands. or any part thereof" /
and that until such lands are opened 70
setrement by proclamation Of the pres
dent no person shall be permitted TO /
enter upon and occupy the same. and no /
person yolat ng IA IS provision shall ever |
DE permitted To enter any of said lands /
or aeqphc amy right thereto"
The Act of the plaintiff in entering upon I
Che quarter section of land in controversy /
is q violation of these acts of congress.
ard disquahhes him from acquiring utlc /
To- the land in dispute.
The husband OF The defendant made 1
the homestead entry upon the land and /
wos. no the time. "A tizen of The United I
states. lie subsequently died leaving /
the defendant his WIDOW Under the re- /
vlsed statutes OF yhe United states. see 1
tlon ia4f second section of the act OF \
OF February 10Th 1850 declar- K
ing that any womnn who might lawfully \
te natuIalizod under the honest ,ad laws, /
married. or who shall be married TO n I
ciugen of the United states, shall be /
deemed and taken TO De- "a citizen The 4
defendant is entitled 60 the privileges OF /
and TO the acquisition of land (
under the homestead laws OF the United I
States.
8 AZ the taal below. upon the over |
ruling Of the demurrer OF the plaintiff /
to the answer and cross petition Of the
defendant the plaintiff elected TO stand
upon his demurrer ana the trial court
thereupon rendered final Judgment In the
case
Held That this is the correct proceed
ing When demurrer Is overruled. ana