225 P. 361 | Okla. | 1924
This is an appeal from the district court of Jefferson county, wherein the plaintiff in error, plaintiff below, brought suit in ejectment against the defendants for 20 acres of land described in the petition. The suit was based on an agricultural lease from Willis Jackson, full-blood Choctaw Indian, dated February 11, 1921, expiring December 31, 1925.
Defendants answered with a general denial; further alleging execution by the allottee and ownership in them of an agricultural lease executed December 10, 1917, for a period from January 1, 1918, to December 31, 1922. They allege a mutual mistake in the description in the lease made between lessor and lessee and state that the description of the tract in suit was intended. They further allege actual, open, and notorious possession of said real estate, and knowledge of such possession by the plaintiff. Their prayer is that plaintiff recover nothing and that they recover costs.
The reply is a general denial. The issue is the validity of the lease relied on by defendants. They admit the regularity of plaintiff's lease, but claim that it is junior to their own. This question has frequently been determined by this court adversely to the contention of defendants. The leading case on the question is Hudson v. Hildt,
"A valid lease for agricultural purposes of a restricted Creek allotment may be made during the existence of a prior, valid lease, provided it is made for a fair rental, near the termination of the existing lease, and that it does not extend the term more than five years from the date of the last lease."
This case has been followed by this court many times in its different phases and with reference to the question here particularly in the following cases: Brown v. Van Pelt,
In the case of Mullen v. Carter,
The defendants in this case claim that there was a mistake in the description, and because they were in possession plaintiff was chargeable with notice and did in fact have actual notice of their lease. Assuming the defendants' lease to be valid except for the description, where do they find themselves? This is an ejectment suit praying possession; they answer attempting to set up their erroneous lease as a legal defense. They pray judgment that plaintiff take nothing and for costs. It is true that plaintiff is chargeable with notice of legal or equitable rights by actual, open, notorious, and adverse possession, but the equitable defenses must be set up as equitable and not legal defenses. It would have been necessary for defendants to set up their lease, as they did, allege mutual *247 mistake, as they did, ask that their grantor be made a party, as they did not, and pray for a reformation of their lease, as they did not. Their lease could not constitute a defense unless the court should decree a reformation reforming it to give a true description. They could not secure a decree of reformation in a suit where their grantor was not a party.
In the case of Simon v. Hine,
"Every person whose legal or equitable status, with reference to the real estate involved, would be materially changed by the judgment, was a necessary party to the suit."
If the court had made Willis Jackson a party, his testimony might have prevented a reformation; his interest and the extent thereof was not shown, and unless he was a party no decree of reformation could be had. Until a reformation was had no defense was presented by defendants' lease.
Under the conclusions herein reached with reference to the duration of the lease and the failure of a reformation thereof, it will be unnecessary to notice the other assignments. The case will be reversed and remanded for a new trial.
JOHNSON, C. J., and NICHOLSON, COCHRAN, and LYDICK, JJ., concur.