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STATE v. SMITH

No. 37610.

317 P.2d 219 (1957)

STATE of Oklahoma ex rel. OKLAHOMA PLANNING AND RESOURCES BOARD, Plaintiff in Error, v. Otto SMITH and Russell Austin, Defendants in Error.

Supreme Court of Oklahoma.

October 29, 1957.

Attorney(s) appearing for the Case

Mac Q. Williamson, Atty. Gen., J. Walker Field, Asst. Atty. Gen., James C. Harkin, Asst. Atty. Gen., for plaintiff in error.

A. James Gordon, McAlester, Bob Perdue, Wilburton, Robinson, Shipp, Robertson & Barnes, by Leon Shipp, Oklahoma City, for defendants in error.

WILLIAMS, Justice.

This action was brought by the State of Oklahoma, ex rel. Oklahoma Planning and Resources Board, hereinafter referred to as plaintiff, to quiet title to 240 acres of land in Latimer County, Oklahoma, as against Otto Smith and Russell Austin, hereinafter referred to as defendants. After numerous pleadings had been filed by both parties and the cause had been set for trial, plaintiff filed a motion for judgment...

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