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DOWELL v. McNEILL

No. 36671.

285 P.2d 856 (1955)

Waymon G. DOWELL, Plaintiff in Error, v. J.W. McNEILL, J.W. McNeill, Executor of the Estate of Mary K. Barlitt, Deceased; Clara Mae McNeill, H. Tom Kight, Jr.; Mignon D. Ford; Marjorie Ford, Also Known as Margy Ford; Lennie Sawyer; B.R. Young; Pearl Davis; Allen Sanders, and G. Edward Phee, if living, or if deceased, the Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns, Immediate and Remote, of Those Persons Who are Deceased; and the Unknown Heirs, Executors, Administrators, Devisees, Trustees and Assigns, Immediate and Remote, of Mary K. Barlitt, also known as M.K. Barlitt and as Mary C. Barlitt, Deceased, Defendants in Error.

Supreme Court of Oklahoma.

July 12, 1955.

Attorney(s) appearing for the Case

Ralph B. Brainard, Claremore, for plaintiff in error.

T. Austin Gavin, Tulsa, for defendants in error.

CORN, Justice.

Plaintiff brought this action seeking to quiet title to real property in Claremore, Oklahoma, title to which was alleged to have vested in him by virtue of a certain warranty deed from Mary K. Barlitt, deceased. The petition alleged the named defendants claimed right, title and interest in the property adverse to plaintiff under one or the other of two separate wills which had been offered for probate in the county court. Plaintiff deraigned title through...

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