Iowa Land & Trust Co. v. Indian Land & Trust Co.

1911 OK 269, 116 P. 769, 29 Okla. 308, 1911 Okla. LEXIS 292

• Court: Supreme Court of Oklahoma
• Decided: July 11, 1911
• Docket: 977
• Status: Published

Opinion

WILLIAMS, J.

The question essential to be determined in this case is as to whether, in ejectment actions pending in the United States courts in the Indian Territory at the time of the erection of the state and afterwards transferred and tried in a state district court, the losing party as a matter of right is entitled to a second- trial. In Runyan v. Fisher, 28 Okla. 450, 114 Pac. 717, it was held by this court that:

“Under the 'laws in force in the Indian Territory at the time of the erection of the state, the losing party in an ejectment suit was not entitled as a matter of right to a second trial, (a) As to pending ejectment actions, afterwards finally determined in the state district courts, the losing party as a matter of right was not entitled to a second trial.”

See, also, Blanchard & Co. v. Ezell, 25 Okla. 434, 106 Pac. 960; Pacific Mutual Ins. Co. v. Adams, 27 Okla. 496, 112 Pac. 1026; Gwinnup et al. v. Griffin et al., 26 Okla. 866, 113 Pac. 909; Freeman v. Eldridge, 26 Okla. 601, 110 Pac. 1057; Armstrong, Byrd & Co. v. Phillips, 28 Okla. 808, 115 Pac. 870.

The judgment of the lower court is reversed and remanded, with instructions to proceed in accordance with this opinion.

All the Justices concur.