State Ex Rel. Monahawee v. Hazelwood

Citations

• 196 P. 937
• 81 Okla. 69
• 1921 OK 103
• 1921 Okla. LEXIS 94

Syllabus

<p>. (Syllabus.)</p> <p>1. Prohibition — Right to Remedy.</p> <p>Prohibition is the proper, remedy where an inferior court assumes to exercise judicial power not granted by law. or is attempting to make an excessive and unauthorized application of judicial force in a cause otherwise properly cognizable by it.</p> <p>2. Courts — Probaite Jurisdiction — County Court — Exclusive Jurisdiction.</p> <p>The county court of the county in which application is first regularly made for letters testamentary or of administration, shall have jurisdiction co-extensive with the state in the settlement of the estate .of the decedent and the sale and distribution of his real estate, and to determine the fact of heirship in and to said estate, and it excludes the jurisdiction of the county court of every other county.</p> <p>3. Prohibition — Right to Writ — Conflicts Between County Courts in Probate Jurisdiction.</p> <p>Where a county court of this state assumes jurisdiction to administer upon the estate of a decedent and has appointed an administrator, who has regularly qualified as such administrator and rendered an inventory and appraisement of the property belonging to said estate, and subsequent thereto the county court .of another county assumes jurisdiction to determine the fact of heirship as to said decedent and to distribute the property belonging to his estate on the application of one claiming to be the sole heir of the deceased, and such court’ has caused notice to be served of said application, and'fixed a date for the hearing thereof, and at the time such application was filed and for a long time prior thereto the applicant has pending in the district court of the county where the land belonging to the estate of said decedent is situated, suits in ejectment to recover said land against numerous claimants thereof, and it is evident from the pleadings and proofs that an intolerable conflict had arisen between the said county courts as to their respective jurisdiction, hel