MAGNOLIA PETROLEUM CO. v. McGEELEY

No. 33778.

203 Okla. 470 (1950)

223 P.2d 131

MAGNOLIA PETROLEUM CO. et al. v. McGEELEY.

Supreme Court of Oklahoma.

October 17, 1950.


Attorney(s) appearing for the Case

W.T. Anglin, Alfred Stevenson, O.S. Huser, and Stanley Huser, Jr., all of Holdenville, for plaintiffs in error.

James W. Rodgers, Hugh M. Sandlin, Marvin Balch, and James W. Rodgers, Jr., all of Holdenville, for defendant in error.


HALLEY, J.

Timmie McGeeley, a fullblood Creek Indian, was allotted and occupied as his homestead 160 acres of land in Hughes county, Oklahoma. A small stream known as Caney (or Jacobs) creek runs along the west side of this land and, at three places, over onto the McGeeley land. This creek empties into Wewoka creek, some 300 yards north of the north line of the 160-acre tract. Adjoining Caney creek is about 30 acres of bottom land, most of which has been in cultivation...

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