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MOONEY v. MOONEY

Nos. 96,014, 96,025.

70 P.3d 872 (2003)

2003 OK 51

Jack D. MOONEY and Bobbye D. Mooney, Plaintiffs/Appellants/Counter-Appellee, v. Jerry L. MOONEY, Sr., E. Sue Mooney, and Jerry L. Mooney, as Trustee Under the Declaration of Trust dated January 24, 1983, Defendants/Appellees/Counter-Appellants.

Supreme Court of Oklahoma.

May 20, 2003.

Attorney(s) appearing for the Case

Bill R. Scarth, Scarth & Rahmeier, Claremore, OK, for Plaintiffs/Appellants/Counter-Appellees.

Tony Jack Lyons, Lyons & Lyons, Pryor, OK, for Defendants/Appellees/Counter-Appellants.

SUMMERS, J.

¶ 1 Our job here is to sort out competing claims between two brothers, each of whose land abuts the other's. We affirm the trial court's finding of an easement by implication, reverse its award of damages in division of a shop building as being contrary to the clear weight of the evidence, and affirm its denial of damages for a destroyed dog pen. The matter is remanded on the shop building issue.

¶ 2 Two brothers live as neighbors, and...

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