Powers v. Van Dyke
117 P. 797 | Okla. | 1911
"It is further ordered, considered and adjudged by the court that all claims of plaintiffs to the lands in controversy, to wit: (description), occasioned by reason of the alleged conveyance of George W. Bunton to them, be divested out ofthem, and that all cloud on defendants' title occasioned thereby be removed." — be vacated and set aside.
The point is well taken, for the reason that, as there was no affirmative relief prayed for by way of cross-petition, this relief should not have been granted.
The cause is accordingly reversed and remanded, not for a new trial, but with directions to vacate and set aside that part of the judgment complained of. In all things else the judgment of the trial court is affirmed.
All the Justices concur. *399