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KANSAS, OKLAHOMA & GULF RY. CO. v. DONEGHY

No. 35015.

207 Okla. 346 (1952)

249 P.2d 719

KANSAS, OKLAHOMA & GULF RY. CO. v. DONEGHY.

Supreme Court of Oklahoma.

October 28, 1952.

Attorney(s) appearing for the Case

C.B. Steele and A.N. Boatman, Okmulgee, and James D. Gibson, Muskogee, for plaintiff in error.

Carland Smith, Okmulgee, for defendant in error.

CORN, J.

This is an action brought by James Doneghy, plaintiff, against the Kansas, Oklahoma & Gulf Railway Company, a corporation, defendant, to quiet title to the oil and gas mineral rights on a strip of land used by the defendant as a right of way in 40 acres of real property in Okmulgee county, Oklahoma.

The plaintiff was permitted to introduce the right of way deed which is as follows:

"Warranty Deed for Right of Way to the Missouri, Oklahoma...

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