Opinion
No. 20687
Opinion Filed February 16, 1932.
(Syllabus.)
1. Ejectment — Measure of Damages — Value of Use of Property.
In an action brought for possession of real property by one holding a valid agricultural lease thereon against one in the wrongful occupation thereof, the measure of damages is the value of the use of the property, and not the actual rents received by the party in the wrongful possession.
2. Judgment — Action in State Court for Rents not Barred by Judgment of Federal Court Adjudicating Validity of Lease.
Judgment rendered in the federal court in an action by the United States in its fiduciary capacity to establish the validity of an approved full-blood Choctaw Indian agricultural five-year lease on his homestead allotment, unappealed from, is a bar to a further determination by the state court as to the validity of said lease. However, such judgment is not a bar to a separate action in the state court for rents, as the question of rents was not litigated in said action in the federal court, and the issue of rents was not necessarily involved therein.
3. Evidence — Judgment of Domestic Federal Court as Evidence in State Court — Authentication of Records.
Certificate of the clerk of the federal court, as to the same being full, true, and correct copies of the original of record and on file in his office, under the seal of the court, is a sufficient authentication of such papers and of the record of a judgment rendered in the federal court when offered in evidence in the state court in the same state where the judgment in the federal court was rendered, as, under such circumstances, the federal court is a domestic court.
Appeal from District Court, Stephens County; M.W. Pugh, Judge.
Action for possession and rents by R.B. Barry et al. against G.W. Carter et al. Judgment for plaintiffs, and defendants appeal. Affirmed.
Bond Bond, for plaintiffs in error.
Womack, Brown Cund, for defendants in error.
The facts presented and the questions of law involved herein are identical with the questions of fact and the law involved in the case of G.W. Carter et al. v. R.B. Barry et al., No. 20686, decided by this court on January 19, 1932, 154 Okla. 145, 7 P.2d 448, which was a companion case to this case.
For the reasons stated in said companion case, the judgment in this case is accordingly affirmed.
LUSTER, C. J., and RILEY, HEFNER, ANDREWS, and KORNEGAY, JJ., concur, CULLISON, SWINDALL, and McNEILL, JJ., absent.
Note. — See under (1) 9 R. C. L. 942; R. C. L. Perm. Supp. p. 2575.