Steele v. Noell

Supreme Court of Oklahoma July 18, 1902

Steele v. Noell, 69 P. 1077 (Okla. 1902)

12 Okla. 137; 1902 OK 64; 1902 Okla. LEXIS 67

Beauchamp, Hainer, Irwin

Opinion of the Court

Opinion of the court by

Beauchamp, J.:

The facts in this case are substantially the same as the facts in the ease of William Burns v. Charles P. Noell, this volume; and upon the authorities-in that case, and the cases therein cited, the judgment off the trial court is affirmed, with costs to plaintiff in error.

Hainer, J., who presided in the court below, not sitting;. Irwin, J., absent; all the other Justices concurring.

Reference

Full Case Name: William P. Steele v. Henry E. Noell
Status: Published
Syllabus: ¡.forcible ENTRY AND DETAINER — Proper Remedy to Dispossess Unsuccessful Homestead Claimant. ‘Where adverse claimants are residing upon land and each claiming the same as a homestead hy virtue of prior settlement, and the land tribunal makes a final adjudication in such cause, the successful party, who has, a homestead entry thereon, may maintain an action of forcible and unlawful detainer against the unsuccessful party, to obtain possession thereof, and which he refuses to surrender upon being given statutory notice to quit. (Syllabus by the Court.)