The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-05-14
ARGUING BANK
TEST CASE
Continued from Page ~


the case She afterwards sold the
farm for a consideration.
The synapus of the opinion follows:
4 T. Under the law as il existed in
I The territory Of Oklahoma prior TO the
passage of the act OF March 10, 1905,
Session Laws 1905 p. 255l. the title
Tor ownership TO the prOpertg used by
/ The family as "A home. TO acquire the
status Of a homestead was required To
/ be in the husband as he was declared
TO be the head OF the family II III
/ was IN the Wife il was not bone
lstead though occupied by me family
/ 2 Where, ia 1901 The husband
iqnit-claim deed conveyed the home
lstead to his wife and abandoned her
Pin 1902, and the wife and children
Shortly removed from the land which
/ was thereafter occupied by tenants his
sole occupancy OF the land durinp
1905 aud prior 10 March 2S. 1905 m
/ that year would not impress 30 with
1 the homestead character, or re-esiab
/ lsh in him any such interest as would
lrender it necessary TO convey that he
joined in his wiles deed executed after
I the passage Of the act of March a..
4 1905 above referred TO- which reserves
D
without reference TO whether the tite
or ownership was in the husband or
wife
Judge b. r. Hainer OF Perry. IS sus
( tanned ia an opinion by Justice Dunn
I'm the case OF Van Arsdale q Os-
bourne VS. A. Young The suit was
drought by The plaintiffs 10 recover on
la promissory note given on April T.
1 1902 IN The sum Of S22 80 judgment
twas rendered for The defendant be
/ fore a justice OF the peace and sns
tanned In the district court The nOie
was given for an insurance policy in
1.-THE ST. Paul Fire and Marine nsur-
lance company 10 he Plaintiffs as
lagents and the head office refused 10
/ approve contract and the defendant
lreceiyed no policy.
/ The syllabus OF the opinion follows
( I. Where in an action on a prom
lissOry note executed and delivered
and which is admitted was given for
/ insurance, the contract and applica
4 tion contemplating the issuance and
delivery OF the policy and none was
delivered on defense of no consid
leratiOn. the defendant sustains the
burden placed on him by showing that
he received no policy nor any notice
that the application had been ap
proved
?. Where an application for hail IN.
lsnranoe provides thar the insurance
company shall not be bound until the
application is accepted and approved
al its home office. In suit on motto
given for such insurance 81 is iucum-
bent of the holder thereof to show
such approval and acceptance @ racts
taniamOunl thereto IN order that he
may Be eattled 10 recover
Judge Townsend Sustained
Ia the ease OF 10. C. Mclaughlin VS.
the Ardmore Leonard Trust com
pany. Justice Turner IN an opinion
sustained the decision OF Judge Town
send The plaintiff is a choctaw In.
dian and under the act Of congress
1902. he did moi have the power 10
transfer his lands He negotiated
deal with the Ardmore rrusi company
prior 10 The passage OF This act CIV
ing title TO 32O acres OF land for
pr rmissOry note of 500.
The syllabus OF the opinion fol-
lows
In a suit on a promiss0ry note
when the proof shows the considera-
ton thereof 10 be deed 0f land from
the payee 10 the payer. IN possession
Oi the nayee. and held by him ia viola
ti0n of the act Of congress OF July
T. 1902 and that the transaction was
in violation Of the Revised Statutes
0f the United States SECTION elI8.
discloses an iliesss consideration and
q mQticn 70 dsreot a verdict In favor