Endicott v. Ellis

Supreme Court of Oklahoma February 7, 1900

Endicott v. Ellis, 9 Okla. 666 (Okla. 1900)

Below, Hainer, Irwun, McAtee, Other, Presided

Opinion of the Court

Opinion of the court by

Irwun, J.:

The facts- in this case contained, and the principles of law herein involved, are practically the same as those involved in the case of E. F. Blade v. Walter P. Jackson, decided in this court, February 12, 1898, and reported in volume 6, page 751, Oklahoma Reports, and as the views therein expressed, and the law therein laid down, meet with -our approval, the rule there established will be followed in this case, and the judgment of the district court affirmed.

Hainer, J., having presided in the court below, and McAtee, J., not sitting; all of the other Justices concurring.

Reference

Full Case Name: Geo. P. Endicott v. Herbert E. Ellis and Sam Lee
Status: Published
Syllabus: Public Land — Homestead—Adverse Claimants — Injunction. Where adverse claimants are residing upon a tract of land, and each claiming the same as a homestead by virtue of priority of settlement, and the land department makes a final award thereof, the losing party cannot properly claim the right to continue his residence upon the land for the purpose of bringing a suit in equity to declare a trust against his successful adversary, when he has already resided upon the land a sufficient length of time, under the law, to enable him to make final proof for the land. (Syllabus by the Court.)