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WOOTTEN v. ASKEW

No. 54811.

668 P.2d 1123 (1983)

Thomas Henry WOOTTEN, Executor of the Estate of John B. Wootten, Deceased, Thomas Henry Wootten, Trustee of the Marion B. Wootten, Trust, Thomas Wootten aka Thomas H. Wootten, aka Thomas Henry Wootten, Janice Wootten Bond, aka Janice Bond, Marion B. Wootten, John B. Wootten, Jr., William Robert Wootten, Appellees, v. J.F. ASKEW, aka Floyd Askew, aka J. Floyd Askew and Eleanor D. Askew, husband and wife, Appellants.

Supreme Court of Oklahoma.

Rehearing Denied September 13, 1983.

Attorney(s) appearing for the Case

Terry R. Barrett, Laurence M. Huffman, McAffee & Taft, Oklahoma City, for appellees.

John F. Eberle, Oklahoma City, for appellants.

SIMMS, Vice Chief Justice:

Certiorari was granted to review a decision of the Court of Appeals, Division II, voiding a 1949 default judgment on a quiet title action. The controversy arose over the following sequence of events:

In 1908 a homestead patent was given to Julius and J.F. Askew (father and son) from the Chickasaw nation. In 1926 they conveyed their interest to J.L. Hart purporting to retain "1/2 of 1/8...

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