SAND SPRINGS HOME v. STATE EX REL. DEPT. OF HIGHWAYS

No. 46661.

536 P.2d 1280 (1975)

SAND SPRINGS HOME, a corporation, Appellant, v. The STATE of Oklahoma ex rel. DEPARTMENT OF HIGHWAYS of the State of Oklahoma, Appellee.

Supreme Court of Oklahoma.

February 25, 1975.


Attorney(s) appearing for the Case

E.J. Doerner, William C. Anderson, Tulsa, and Erwin D. Phillips, Sand Springs, for appellant.

Allen D. Gray, Jr., Dept. of Highways, Oklahoma City, for appellee.

Andrew B. Allen, Asst. Dist. Atty., Tulsa, amicus curiae.


DOOLIN, Justice.

The parties to this controversy have stipulated to the pertinent facts and we are presented with a clear-cut proposition to decide. What effect has 30 Stat. 990 (sometimes referred to as the Act of U.S. Congress of March 2, 1899) had upon rights of way grants "made at the turn of the century" by Creek Indian allottees and/or the Creek Nation to the Missouri, Kansas and Texas Railroad (M.K.T. or Katy)?

We hold they created a limited fee or...

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