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McVICKER v. HORN, ROBINSON & NATHAN

No. 37716.

322 P.2d 410 (1958)

John McVICKER, Sue DeVore McVicker, W.C. Berry, Robert E. Baker and John T. Gibson, Plaintiffs in Error, v. HORN, ROBINSON and NATHAN, a copartnership of Ed Horn, Robert Robinson and Samuel Nathan; J.W. Dutton, S.L. Marshall and Ray Burgin, Defendants in Error.

Supreme Court of Oklahoma.

February 25, 1958.

Attorney(s) appearing for the Case

Luther Bohanon, Bert Barefoot, Jr., W. Otis Ridings, and Norman E. Reynolds, Jr., Oklahoma City, for plaintiffs in error.

Chas. L. Orr, Oklahoma City, for defendant in error Horn, Robinson and Nathan.

Robinson, Shipp, Robertson & Barnes, by T. Murray Robinson, Wm. L. Robertson, Oklahoma City, Okl., for defendants in error Ray Burgin and S.L. Marshall.

BLACKBIRD, Justice.

Plaintiffs in error, hereinafter referred to as plaintiffs, are the owners of a 40-acre tract of land in the Witcher area of Oklahoma County. In 1953, they executed and delivered to J.W. Dutton an oil and gas lease on said tract for a term of one year from October 31st, 1953. Dutton thereafter assigned the lease to the partnership of Horn, Robinson and Nathan, reserving to himself, as overriding royalty...

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