The Oklahoma Law Journal Volume 13

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1914 Excerpt: ... proper courts to make orders necessary for the best interest of the minor, and we have not been cited to any statute which evidences an intention to limit such right to the mother's widow-hood. In the court below the learned Judge who tried the case construed the law to be as contended by counsel for defendants in error thus erroneously holding Atoka County in which plaintiff's mother resided at the date of her second marriage, was plaintiffs' legal residence, and that the guardianship proceedings in said court pertaining to the same, by the appointed guardian, of the land in controversy had the effect to divest plaintiffs of the title to the land and vest the same in the defendants holding under such guardian's deed. The trial court, therefore, instructed a verdict for defendants in whose favor judgment was rendered, and plaintiffs' motion for a new trial refused. We think a new trial should have been granted. It is unnecessary to notice the other assignments of error in refusing new trial. 'The record suggests probable rights of occupying claimants and the case will therefore be remanded with directions to the trial court to proceed in conformity to the views herein expressed and to take such further proceedings as right and justice shall require. All the justices concur. C. W. TOLLE, Plaintiff in Error, vs. No. 4073 M. N. VANDENBERG, Defendant in Error. (Rendered Jan. 30, 1915.) Error from County Court of Noble County. 1. A thing ia deemed to be affixed to land when it is attached to it by roots, as in the case of trees, vines or shrubs, or embedded in it, as in the case of walls, or premanently resting upon it, as in the case of buildings, or permanently attached to what is thus permanent, as by the means of cement, plaster, nails, bolts or screws. (Syl...