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PURCELL v. THAXTON

No. 33205.

202 Okla. 612 (1950)

216 P.2d 574

PURCELL et al. v. THAXTON et al.

Supreme Court of Oklahoma.

Rehearing Denied March 28, 1950.

Second Petition for Rehearing Denied April 11, 1950.

Attorney(s) appearing for the Case

Brown & Verity and James R. Eagleton, all of Oklahoma City, for plaintiffs in error.

Robinson, Shipp & Robertson, of Oklahoma City, for defendants in error.

George Bowen, James C. Denton, Floyd Rheam, and Jack Langford, all of Tulsa, amici curiae.

LUTTRELL, J.

This action was brought by plaintiffs, J.M. Thaxton and Lonie Thaxton, against the defendants, Bert A. Purcell, Fred A. Purcell, and J.W. Garr, seeking to construe a deed to lands in Oklahoma county, made by defendant Bert A. Purcell, which they alleged conveyed to them an undivided 6/16 interest in the oil, gas and other minerals under the land. They alleged that the deed was ambiguous, and that the defendants were

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