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CUNNINGHAM v. McCONNELL

No. 40060.

382 P.2d 429 (1963)

Fred CUNNINGHAM, as Executor of the Last Will, Testament, and Estate of Emma L. Bradfield, deceased, Plaintiff in Error, v. J.W. McCONNELL, Jr., Defendant in Error.

Supreme Court of Oklahoma.

June 4, 1963.

Attorney(s) appearing for the Case

Fred Cunningham, Hobart, pro se, and Executor of Last Will, Testament and Estate of Emma L. Bradfield, deceased.

Max Carder and Tolbert & Gillespie, Hobart, for defendant in error.

BERRY, Justice.

This action, originally brought by A.F. Bradfield, now deceased, revived prior to trial in his Executrix, Emma Bradfield, and later revived again in Emma Bradfield's Executor, proceeded to trial on the amended petition of Emma Bradfield, herein referred to as plaintiff, to enjoin J.W. McConnell, Jr., herein referred to as defendant, from interfering with the natural flow of surface waters in such a way as to injure plaintiff. Defendant filed cross...

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