DIERKS LBR. & COAL CO. v. FRY

No. 33653.

203 Okla. 467 (1950)

223 P.2d 113

DIERKS LBR. & COAL CO. v. FRY.

Supreme Court of Oklahoma.

October 10, 1950.


Attorney(s) appearing for the Case

Tom Finney, of Idabel, and Charles E. McPherren, of Oklahoma City, for plaintiff in error.

F.L. Welch, of Antlers, and Lee & Allen, of Idabel, for defendant in error.


LUTTRELL, J.

This is an action for the partition of timber interests on a tract of land in Pushmataha county, brought by plaintiff, Albert Fry, against the defendant, Dierks Lumber & Coal Company, a corporation. The case was tried to the court as one of equitable cognizance, and upon the conclusion of all the testimony the trial court decreed partition and appointed commissioners for such purpose. Defendant appeals.

From the record it appears that plaintiff...

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