Lowe v. Dickson

Supreme Court of Oklahoma

Lowe v. Dickson

1927 OK 348, 260 P. 25, 127 Okla. 127, 1927 Okla. LEXIS 288

CourtSupreme Court of Oklahoma

DecidedOctober 11, 1927

Docket14001

StatusPublished

Cited by2 cases

This text of 1927 OK 348 (Lowe v. Dickson) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lowe v. Dickson, 1927 OK 348, 260 P. 25, 127 Okla. 127, 1927 Okla. LEXIS 288 (Okla. 1927).

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Opinion

BRANSON, C. J.,

This action was by Alexander J. Dickson against Seward K. ■Lowe and Susan Lowe. It originated in the district court of Beaver county. The defendants were husband and wife, and pending this litigation Seward K. Lowe departed this life, the action being continued in the name of Susan Lowe.

The plaintiff sought and obtained a decree of the district court adjudging Seward K. Lowe to hold, as trustee, certain land in said county, and in the petition in this ease described, for the use and benefit of the plaintiff, and that the said Lowe be required to convey said lands by good anil sufficient conveyance to the plaintiff, Dickson. From the judgment of the district court in favor of the plaintiff, the defendants prosecute error here, and this court by an opinion filed December 9, 1924 (108 Okla. 241, 236 Pac. 399), affirmed the judgment of the district court. From the opinion and judgment of this court, Seward K. Lowe and wife sought a writ of certiorari from the Supreme Court of the United States, which was by said court granted, and on review, the said court did, on April 13. 1927, render an opinion and ju8gment reversing the judgment and conclusions of this court in affirming the district court of Beaver county. Lowe v. Dickson, 71 L. Ed. (U. S.) 595.

The said opinion and judgment of the Supreme Court of the United States was and is contrary to the opinion and judgment of this court on all matters governing and controlling the decision of the district' court of Beaver county in finding and entering a judgment in favor of the plaintiff as against the defendant, and the said opinion of the Supreme Court of the United States decides each and all of the controlling questions determinative of Dickson’s alleged cause of action on the merits. The opinion and judgment of the Supreme Court of the United States has become a finality. It is the order and judgment of this court, following the_ said opinion of the Supreme Court of the United States, that the judgment of the district court of Beaver county be reversed, with directions to enter a decree finding and adjudging that the plaintiff, Alexander J. Dickson, has no right, title, interest, estate, or equity in the land described in his petition by reason of the allegations made.

MASON, V. C. J., and HARRISON, PHELPS, LESTER,. RILEY, HUNT, CLARK, and HEFNER, JJ„ concur.

Note. — See 15 C. J. p. 931, §318; 25 C. J. p.960 §324.

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BRANSON, C. J.,

This action was by Alexander J. Dickson against Seward K. ■Lowe and Susan Lowe. It originated in the district court of Beaver county. The defendants were husband and wife, and pending this litigation Seward K. Lowe departed this life, the action being continued in the name of Susan Lowe.

The plaintiff sought and obtained a decree of the district court adjudging Seward K. Lowe to hold, as trustee, certain land in said county, and in the petition in this ease described, for the use and benefit of the plaintiff, and that the said Lowe be required to convey said lands by good anil sufficient conveyance to the plaintiff, Dickson. From the judgment of the district court in favor of the plaintiff, the defendants prosecute error here, and this court by an opinion filed December 9, 1924 (108 Okla. 241, 236 Pac. 399), affirmed the judgment of the district court. From the opinion and judgment of this court, Seward K. Lowe and wife sought a writ of certiorari from the Supreme Court of the United States, which was by said court granted, and on review, the said court did, on April 13. 1927, render an opinion and ju8gment reversing the judgment and conclusions of this court in affirming the district court of Beaver county. Lowe v. Dickson, 71 L. Ed. (U. S.) 595.

The said opinion and judgment of the Supreme Court of the United States was and is contrary to the opinion and judgment of this court on all matters governing and controlling the decision of the district' court of Beaver county in finding and entering a judgment in favor of the plaintiff as against the defendant, and the said opinion of the Supreme Court of the United States decides each and all of the controlling questions determinative of Dickson’s alleged cause of action on the merits. The opinion and judgment of the Supreme Court of the United States has become a finality. It is the order and judgment of this court, following the_ said opinion of the Supreme Court of the United States, that the judgment of the district court of Beaver county be reversed, with directions to enter a decree finding and adjudging that the plaintiff, Alexander J. Dickson, has no right, title, interest, estate, or equity in the land described in his petition by reason of the allegations made.

MASON, V. C. J., and HARRISON, PHELPS, LESTER,. RILEY, HUNT, CLARK, and HEFNER, JJ„ concur.

Note. — See 15 C. J. p. 931, §318; 25 C. J. p.960 §324.

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1927 OK 348, 260 P. 25, 127 Okla. 127, 1927 Okla. LEXIS 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lowe-v-dickson-okla-1927.

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