McMichael v. Murphy

Supreme Court of Oklahoma September 2, 1902

McMichael v. Murphy, 70 P. 193 (Okla. 1902)

12 Okla. 167; 1902 OK 70; 1902 Okla. LEXIS 71

Hainer, Burwell, Beauchamp

Opinion of the Court

Opinion of the eonrt by

Hainer, J.:

This was an action brought in the district court of Oklahoma county by Samuel Murphy, one of the defendants in error, against William T. McMichael, to recov *168 er the possession of the southwest quarter of section twenty-seven, township twelve, north of range three west of the Indian Meridian. The defendant, William T. MeMiehael, filed an answer to this petition, in which he set forth the same facts that were alleged in his petition in the case of William T. McMichael v. Samuel Murphy et al, No. 1164, reported in this volume. The precise questions are involved in this case as were involved in number 1164. And upon the authority of that decision the judgment of the district court of Oklahoma county is affirmed.

Burwell, J., having presided in the court below, not sitting; Beauchamp, J., absent; all the other Justices concurring.

Reference

Full Case Name: Laura F. McMichael, Walter S. McMichael, Lillian M. McMichael, Adults, and Lula F. McMichael, James W. McMichael, Effie L. McMichael, William F. McMichael, Maud McMichael and Bertha McMichael, Minors, by Their Next Friend, Laura F. McMichael, Heirs at Law of William T. McMichael Deceased, v. Samuel Murphy Et Al.
Cited By: 1 case
Status: Published
Syllabus: 1. HOMESTEAD ENTRY — Law Governing. A homestead entry, valid upon its face, constitutes such an appropriation and withdrawal) of the land as to segregate it from. the public domain, and precludes it from subsequent homestead entry or settlement until the original entry is canceled or declared forfeited; in which case the land reverts to the government as a part of the public domain, and becomes again subject to entry under the land laws of the United States. 2. TRESPASS ON LAND COVERED BY HOMESTEAD ENTRY— What Constitutes. One who makes settlement on a tract of land while it is covered by the homestead entry of another is a mere intruder, a naked, unlawful trespasser; and no right, either inTAWi or equity can be founded thereon. > (Syllabus by the Court.)