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GATES v. CURRY

No. 34516.

301 P.2d 659 (1955)

K.O. GATES and Louise Smalling, Plaintiffs in Error, v. Rex F. CURRY, The Carter Oil Company, and C.E. McCaughey, Defendants in Error.

Supreme Court of Oklahoma.

As Corrected September 17, 1956.

Rehearing Denied September 18, 1956.

Attorney(s) appearing for the Case

Chas. L. Orr, Oklahoma City, T.H. Ottesen, Sulphur, for plaintiff in error.

Garvin & Shumate, Pauls Valley, for defendant in error Rex F. Curry.

Curtis & Blanton, Pauls Valley, Forrest M. Darrough, Walter Davison, and Varley H. Taylor, Tulsa, for defendant in error Carter Oil Co.

Brown & Verity, Oklahoma City, for defendant in error C.E. McCaughey.

Orel Busby, and Harrell & Trice, Ada, Woodford & Ballinger, Warren & Warren, C.H. Baskin, James W. Rodgers, James W. Rodgers, Jr., and Bob Rives, Holdenville, James B. Sandlin, Tulsa, W.M. Haulsee, Wewoka, Stanley Cunningham, Tishomingo, I.O. Correll, Atoka, I.C. Saunders, Shawnee, Paul & McPheron, Durant, Haskell Paul, Pauls Valley, R.M. Mountcastle, Muskogee, W.F. Semple, Tulsa, H.A. Ledbetter, Ardmore, amici curiae.

Geo. B. Schwabe, Jr., Regional Solicitor, and Jesse L. Ballard, Assistant Regional Solicitor, Tulsa, and Billie W. Crain, Field Solicitor, Muskogee, for Douglas McKay, Secretary, United States Department of the Interior, amicus curiae.

BLACKBIRD, Justice.

The plaintiff, Rex F. Curry, brought this suit to quiet his title to an undivided interest in a 140-acre tract of land in Garvin County, Oklahoma, as against the claim of title to an undivided one-twelfth interest therein asserted by the defendants Louise Smalling (claiming ownership), and K.O. Gates (claiming an equity), and Louie Winship (Louise Smalling's grantor). Because the latter was a three-quarter...

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