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BOARD OF COM'RS OF OKLAHOMA COUNTY v. RUSSELL

No. 3742.

174 F.2d 778 (1949)

BOARD OF COM'RS OF OKLAHOMA COUNTY v. RUSSELL et al.

United States Court of Appeals Tenth Circuit.

May 6, 1949.

Attorney(s) appearing for the Case

D. A. Richardson, Oklahoma City, Okl. (Warren H. Edwards and Fred Hoyt, Oklahoma City, Okl., were with him on the brief), for appellant.

Charles H. Garnett, Oklahoma City, Okl. (W. K. Garnett, Oklahoma City, Okl., was with him on the brief), for appellees.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

This was an action for the determination of title and recovery of possession of the real estate herein involved, located in Oklahoma City, Oklahoma.

On January 3, 1903, appellees, C. O. Russell and Ruby Russell, were the owners in fee of the real estate in question. On that day they executed and delivered to Oklahoma County their warranty deed to the land for a consideration of $4,000. The deed contained this provision:

"This...

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