TALLEY v. CARLEY

No. 46249.

551 P.2d 248 (1976)

Elton C. TALLEY et al., Appellees, v. Otto CARLEY and Gaynelle Carley, husband and wife, Appellants.

Supreme Court of Oklahoma.

Rehearing Denied July 6, 1976.


Attorney(s) appearing for the Case

Ivester & Braddock, Altus, for appellees.

William W. Talley, Hobart, Godlove, Joyner, Godlove, Garrett, Meyers & Davis, Inc., Lawton, Nicklas, Parrish, Saenz & Wade, Inc., Lawton, for appellants.


BARNES, Justice:

Bitter Creek, a tributary of Salt Fork of the Red River, runs through land owned by Appellees, Elton C. Talley, Olevia Talley Robertson, Alan H. Talley, Lee Roy Neher and John Neher, and land owned by Appellants, Otto Carley and Gaynelle Carley, husband and wife.

Appellants' land is upstream approximately one mile north of the land owned by Appellees. Appellants and Appellees both assert beneficial...

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