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FRY v. SMITH

No. 34250.

205 Okla. 222 (1951)

236 P.2d 699

FRY v. SMITH et al.

Supreme Court of Oklahoma.

October 16, 1951.

Attorney(s) appearing for the Case

Harry C. Kirkendall, Enid, for plaintiff in error.

Simons, Simons, Mitchell, Headrick & Munn, Enid, for defendants in error T.T. Eason, John R. Wilver, and Harry McInnis.

J. Wilford Hill, Cherokee, for defendants in error J.M. Smith and Clara Crain.

Scarritt & Champlin, Enid, for defendant in error Peppers Refining Company.

HALLEY, J.

Weston F. Fry was the owner of the E/2 of SE/4 of sec. 12, twp. 20 north, R. 4 west, Garfield county, Oklahoma, and on November 17, 1919, he executed and delivered to F.C. White an instrument entitled "Conveyance of Oil and Gas Royalty", in which the following statement was contained:

"That for and in consideration of the sum of One ($1.00) Dollars, and other valuable consideration, the receipt of which...

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