LEE v. ELLIS

LEE v. ELLIS
1905 OK 73
83 P. 715
16 Okla. 24
Decided: 09/06/1905
Supreme Court of Oklahoma

Supreme Court of the Territory of Oklahoma.

LEE et al.
v.
ELLIS.

Sept. 6, 1905.

Syllabus by the Court.

¶0 One who was within the Chilocco reservation before the hour of 12 o'clock noon, central standard time, of September 16, 1893, and made the race from such reservation into that part of the Cherokee Outlet which was opened to settlement on that day, is not, by reason thereof, disqualified from settling upon and filing a homestead entry upon a portion of said land.

S. H. Harris, for plaintiffs in error.
W. S. Cline and Claude Duval, for defendant in error.

BEAUCHAMP, J.

¶1 This case involves the question as to whether one who made the race into the Cherokee Outlet on September 16, 1893, from the Chilocco Indian School reservation, is a sooner, and therefore disqualified to make homestead entry on any of the lands thrown open for settlement by the President's proclamation opening the Cherokee Outlet to settlement. Herbert E. Ellis, the defendant in error, made the run into the Cherokee Outlet the day of the opening, and made homestead entry on the land in controversy, which is the S. W. 1/4 of section 15, township 28, N. of range 2 E. of the Indian meridian, in Kay county. The identical questions involved in this case have been decided by this court in the case of McCalla v. Acker, filed September 3, 1904, reported in

¶2 All the Justices concurring, except HAINER, J., who tried the case below, not sitting.