The weekly chieftain. [volume] (Vinita, Craig County, Okla.) 1905-1913, 1911-09-29

Coal county, in which the court over
ruled motion of the Western Coal
and Mining company for the removal
to the federal coYt of a damage suit
brought against the company by Viii
liam F. Osborne, is reversed and the
case remanded in an opinion by Piesid-
ing Judge Ames.
That litigant whose case was tnd-
ing in a district court at the time of
the adoption of the state constitution
lis entitled to an unanimous jury er-
dict. is the holding of Presiding jude
Ames in the case of Kerfoot-Bell Ce
VS.. c. w. Kerfoot, appealed from theN
district court of Pottawatomie county,
which is reversed.
Suit was brought by Kerfoot on Jan
uary "a, 1905, to recover for alleged
breach of contract and was pending in
the district court when the state was
admitted Only eleven jurors concur
red in the verdict which was favorable
to Kerfoot.
The validity of the legislative act
of May 20, 1905, known as the Bulk
Sales" law is upheld in an opinion by
Judge Robertson affirming the case of
George w. Noble VS.. The Fort Smith
Wholesale Grocery company appealed
from the county court of LIE Flore coun-
ty.
That the owner of an animal running
at large in violation of the herd laws
is liable for damages to another ami
NAL which is on the premises of the
owner is the holding of Judge Sharp in
the case of f. L. Low VS.. F. A. Barnes,
appealed from the county court of
Johnston county and affirmed.
Judge Sharp in another opinion holds
that a conveyance by minor Creek
freedman on March 9, 1905, is void al
though she may have been a married
woman at the time. The case is that
of Williston J. Stevens VS.. Hattie e.
liott ct al. appealed from Wagpne
county. Hattie Elliott, a Creek freed
man under eighteen years of age
brought suit to recover certain land
which she had conveyed to Perry =
Vaughn and was conveyed by him to
Stevens and the lower court decision
was favorable to the allottee.
The court reyerses and remands the
case with instructions to the lower
court to determine whether or not any
of the remuneration for the land wa
held by the woman upon the date shf
became is years of age and if so to SEE
that this money is refunded to tht
purchaser of her land. When thes
instructions are complied with thy
judgment of the lower court will be al
lowed to stand.
That a warranty deed issued by pa
ties who are unable to convey fu
title to the land is void is the hodin
of Judge Sharp in an opinion reversin
the action of the district court of Oh
lahoma county in sustaining a demu 4.
rer to the amended petition of PER-
A. Faller who brought suit to recoyf
damages from j, o. Davis and wi
alleging that they conveyed land
him which they did not possess. tit -
Faller contended that Davis and W.
attempted to convey to him land VIII +
was owned by Simon Wolf, a semin
Indian.
Other opinions of the supreme co +
commission were:
BY Presiding Judge Ames-Cbel II
Elevator and Storage company w. lJ
w. Rohland, county court of Roe
county, affirmed; j. G. McKallip ct Nl
VS.. Fred Geese ct al, county com
Okmulgee county, reversed; Port
ron Engine and Threster company -
Charles e. Ball, district court of G. AZ
county, affirmed. IL
BY Judge Robertson-Deminr
yestment com. any VS.. ]. w. McL -
lin, sole heir at law of ]. E. Mel
lin, county court of Murray q
affirmed g