Farmers' champion. (Elgin, Okla.) 1912-1922, 1913-02-27
CAPITOL TRACT
TITLE CLEARED
CLAIM or eURroN TO HOWE
PROPERTY DENIED sv THE
FEDERAL JUDGE
FURTHER CONTEST IS ENJOINfD
Gaze Closes Litigation over $500, 900
Area and Lincoln School site
In Oklahoma
City

Oklahoma City-Final settlement Of
all legal disputes over the titles OF
the proposed capitol site in the north
east section OF the city was reached
when Hon. W. II. Pope. United States
district Judge for New Mexico, dis.
missed In local federal court the suit
OF John Burton and ruled that the
title held by the Howe heirs is valid
The ruling Of Judge Pope also enjoins
the plaintiff from entering into fur
ther legal contest over the property
His decision at the same time coin
cides with the report returned by
Senators Mcintosh, Sutherlin and Car
penter, who wee appointed as com
mittee to investigate the titles in
volved. Their report showed that the
title OF the Howe heirs was valid.
The decision Of Judge Pope marks
the end OF period Of litig.tion ex-
tending over twenty years time, in
which the title to the famous Howe
Parker" tract of 100 acres has been
contested. The property is valued at
approximately 100000. The plain
tin, John Burton, has brought several
actions to establish his alleged title
to the tract. His contention all the
time has been that Howe was a
sooner" that is, staked his claim
pricr to the opening. The title to the
tract also has been under consider
able litigation from other sources, one
Parker also having attempted to gain
possession OF the property on the al
ton held a valid title.
Burton on January Is. 1918, filed
the suit which was dismissed in fed
eral court Thursday by Judge Pope
He named not only the Howe heirs as
defendants. but the Oklahoma City
board of education. in addition. The
school board was involved on account
of the Lincoln school being on a por.
tion Of the tract.
The case incidentally tried out the
new equity rules, which were designed
to hasten justice. BY agreement
Thursday, the case was called up and
tried on its merits. The hearing and
decree are to be entered at Guthrie.
Judge Pope was assigned especially
TO hear the case, Judge Cotteral being
disqualified. The hearing was on the
pleadings fled In this last case and
the record of the cases of Howe heirs
vs.. Parker ct al and Burton vs.. Par
ker ct al, and upon some partial
proof.
Judge Pope held that the Burton
decision rendered by the United States
court OF appeals for the eighth circuit
In the HOwe-Parker case had settled
the law upon the identical facts and
that he would follow that decision. He
held that the Henry Howe homestead
entry was valid and directed a decree
denying Burton's bill and quieting title
against Burton and all persons claim.
ing or attempting to claim under him,
the title. 1t also enjoins Burton from
bringing any more suits or doing any
acts against the Howe title and against
those claiming under the Howes. the
Howe Capitol Realty compayn and the
board OF education of Oklahoma City.
The suit involved fifty-five acres do.
mated to the capitol building fund as
well as the Lincoln $4,000 school
building, In addition to the 100 acres
owned by the Howe Capitol Realty
company as the grantee of the Howe
heirs.
The speed Of this suit under the
new equity rules marks new epoch
In litigation for which litigants have
been praying. Burton gave notice of
appeal.