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HUTCHISON v. McCLURE

No. 53077.

621 P.2d 546 (1980)

Claude E. HUTCHISON and Ollie Lee Hutchison, Appellants, v. Bill McCLURE and David Sewell, d/b/a M & S Coal Company, Donald L. Gibson and Ina Kay Gibson, Appellees.

Court of Appeals of Oklahoma, Division No. 1.

Rehearing Denied August 5, 1980.

Certiorari Denied November 3, 1980.

Released for Publication November 6, 1980.

Attorney(s) appearing for the Case

Boatman, Laub, Martin & Stringer by Billy L. Martin, Okmulgee, for appellants.

Frederick L. Boss, Jr., Tulsa, for appellees Bill McClure and David Sewell, d/b/a M & S Coal Co.

Bailey, Romine & Seacat by Mary Bailey Romine, Okmulgee, for appellees Donald L. Gibson and Ina Kay Gibson.

Released for Publication by Order of Court of Appeals November 6, 1980.

REYNOLDS, Presiding Judge:

Claude E. Hutchison and Ollie Lee Hutchison (Appellants) appeal the trial court's determination that Appellants' 1964 Warranty Deed to Appellees' predecessor in title did not reserve in them a one-half interest in the coal underlying the property.

That basic facts are not in dispute. The parties stipulated that a conveyance or reservation of "oil, gas...

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