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DILWORTH v. FORTIER

No. 37965.

354 P.2d 1091 (1960)

Charles B. DILWORTH et al., Plaintiffs in Error, v. Leo R. FORTIER et al., Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied March 22, 1960.

Application for Leave to File Second Petition for Rehearing Denied September 13, 1960.

Attorney(s) appearing for the Case

Janicke & Herlocker, Winfield, Kan., Rodgers & Gurley, and James E. Burger, Blackwell, Lowell Doggett, Ponca City, Neal A. Sullivan, Newkirk, for plaintiffs in error.

I.D. Ross, and David Ross, of Ross & Ross, Newkirk, for defendants in error, Earl Trenary, Floyd Trenary, Margalee Hartman Gogos, Minnie Myra Woodruff, and Charles L. Hartman.

Robinson, Shipp, Robertson & Barnes, by T. Murray Robinson, Oklahoma City, and Jochems, Sargent & Blaes, by Robert G. Braden, Wichita, Kan., for defendants in error, National Cooperative Refinery Ass'n, Fortier and Wright, John Roy Evans, W.R. Yeager and M.P. Yeager.

BLACKBIRD, Justice.

This appeal concerns a quiet title action involving a quarter section of land originally described as the Northeast Quarter of Section 5, Township 27 North, Range 1 West, in Kay County, Oklahoma.

One Charles E. Dilworth homesteaded this tract (usually referred to herein merely by the abbreviation "NE") and thereafter, on September 15, 1913, he and his wife executed and delivered to Hercules Oil...

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