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CHERRY v. CHERRY

No. 37849.

343 P.2d 1066 (1959)

Frank CHERRY, Plaintiff in Error, v. Emma CHERRY, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied September 15, 1959.

Attorney(s) appearing for the Case

George W. Oliphant, J.C. Daugherty, Hugh M. Sandlin, Holdenville, for plaintiff in error.

Allen G. Nichols, Walter Billingsley, Wewoka, for defendant in error.

HALLEY, Justice.

This action was filed in the District Court of Hughes County by Frank Cherry against the Springfield Fire and Marine Insurance Company to recover $1,000 on a fire insurance policy issued on his home, which was destroyed by fire. By agreement between the plaintiff and the intervenor, Emma Cherry, the insurance company paid the amount of the policy into court and was permitted to withdraw from the case.

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