Lowe v. Dickson

Supreme Court of Oklahoma
Lowe v. Dickson, 260 P. 25 (Okla. 1927)
127 Okla. 127; 1927 OK 348; 1927 Okla. LEXIS 288
Branson, Mason, Harrison, Phelps, Lester, Riley, Hunt, Clark, Hefner

Lowe v. Dickson

Opinion of the Court

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.

Reference

Full Case Name
LOWE Et Al. v. DICKSON
Cited By
2 cases
Status
Published