CLARK v. UNKNOWN HEIRS OF OSBORN

No. 68438.

782 P.2d 1384 (1989)

Anita CLARK, Executrix of the Estate of Mattie Osborn, Deceased, et al., Appellees, v. The UNKNOWN HEIRS, EXECUTORS, ADMINISTRATORS, DEVISEES, TRUSTEES AND ASSIGNS, IMMEDIATE AND REMOTE OF James Merchie OSBORN, Deceased; et al. Appellants.

Supreme Court of Oklahoma.

Rehearing Denied December 12, 1989.


Attorney(s) appearing for the Case

Danny R. Beltz, Stroud, for appellee, Anita Clark.

Leonard I, Pataki, Carol R. Goforth, Charles Greenough, Doerner, Stuart, Saunders, Daniel & Anderson, Tulsa, for appellee, Bigheart Pipeline Corp.

Michael P. Warwick, Shawnee, for appellee, Spicer Oil Co.

Richard James, James & Gilmore, Stroud, for appellants, unknown heirs.


ALMA WILSON, Justice.

The issue is whether laches bars the collateral heirs of James Osborn from recovering oil and gas proceeds wrongfully paid to James' widow, Mattie, during her lifetime. We hold that under the facts hereinafter set forth the equitable doctrine of laches does not bar collateral heirs from recovering from the Estate of Mattie.

James Osborn died intestate and without issue in 1974 in his domicillary...

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