CAIN v. CHRISTIE

No. 86807.

937 P.2d 119 (1997)

Andrew C. CAIN, Plaintiff/Appellee v. Kenneth Smokie CHRISTIE; Calvin Crittenden; Lizzie Hummingbird England; Joe Young; Josephine Batt McMurrian; John Tidwell, Jr.; Milford Tidwell; Barbara Scott Nestell; Tom Scott; John Scott; Margie Scott Parks; Jerry Scott; Daniel Scott, Jr.; Charley Lee Scott; French Scott; Duane O'Ellis; Geselle Whited; Bobbie G. Scott Smith; Michael A. Scott; Nancy L. Scott; Huckleberry Scott; Pollie S. Nofire; Wynema Scott; David L. Scott; Pamela S. Wunghema; Mildred Scott Mellowbug; Joanna Scott Hester; George Scott; Edgar Scott; Richard Scott; Reba Highnite; Beverly Bunch; Kimberly Williams; Gary Leach; Krissa Scraper; Sue Bunch; Nathan Bunch; Patrena Bunch; Nelson Leach, FB Cherokee, NE; W.M. Shivers, the foregoing, if living or dead, and if dead, their successors, if any, Defendants/Appellants. and State of Oklahoma ex rel. Oklahoma Tax Commission, The unknown successors of Joy M. Cain, deceased; of Jennie Johnson, FB Cherokee No. 16530, deceased; Annie Scott, FB Cherokee No. 1489, deceased; of Wat Christie, 15/16 Cherokee No. 32589, deceased; of Sallie Scott then Batt, 7/8 Cherokee NE, deceased; of Jennie Scott, then Sapp, 7/8 Cherokee, NE, deceased; of Emma Scott Tidwell, 7/8 Cherokee NE, deceased; of Jess Sapp, Cherokee NE, deceased; of Charley Young, FB Cherokee NE, deceased; of Elizabeth Johnson then Leach, then Christie, FB Cherokee No. 16531, deceased; of Daniel Scott, 3/4 Cherokee No. 1488, deceased; of Hickey Scott, 7/8 Cherokee M-879, deceased; of Annie Christie then Scott, FB Cherokee 21835, deceased; of Gladys Choate then Young, 5/8 Cherokee NE, deceased; of Daylight Batt, FB Cherokee M-2187, deceased; of Mary Hummingbird England, FB Cherokee NE, deceased; of Juanita England Crittenden, deceased; of Lincoln Scott, 7/8 Cherokee 1490, deceased; of Edna Bunch, 15/16 Cherokee NE, deceased; of Lula Scott, 15/16 Cherokee NE, deceased, Defendants.

Court of Civil Appeals of Oklahoma, Division No. 3.

February 18, 1997.


Attorney(s) appearing for the Case

M. Sharon Blackwell, Kathleen R. Supernaw, Tulsa Field Office, Office of the Field Solicitor, United States Department of the Interior, Tulsa, for Defendants/Appellants.

Lloyd E. Cole, Jr., Stilwell, for Plaintiff/Appellee.


Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3.

MEMORANDUM OPINION

GARRETT, Judge:

Andrew C. Cain filed an action to quiet his title to two tracts of land.1 The defendants were the heirs and successors of Jennie Johnson, deceased.2 Cain alleged: (1) he and his wife acquired title, by grant, to an...

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