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WHITTETT v. PAYNE

No. 39285.

367 P.2d 718 (1961)

Orville J. WHITTETT and Ruth Mae Whittett, husband and wife, substituted for: James E. Hendrix and Ruby H. Hendrix, husband and wife, Plaintiffs in Error, v. Henry PAYNE, also known as W. H. Payne and Lonnie Payne, d/b/a Payne Land Fill and Henry Payne Sand Company, Defendants in Error.

Supreme Court of Oklahoma.

As Corrected January 9, 1962.

Attorney(s) appearing for the Case

Miskovsky & Miskovsky, Oklahoma City, for plaintiffs in error.

Don Anderson, Oklahoma City, for defendants in error.

HALLEY, Justice.

James E. Hendrix and his wife, Ruby, owned five acres of land in Oklahoma County described as follows:

"East Five (5) Acres of the Southeast Quarter (SE ¼) of the Southwest Quarter (SW¼), Section Three (3), Township Eleven North (11N), Range Four West (4W), of the I.M., according to the Government Survey, except the North Thirty Feet (N30') thereof for road."

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