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STUMP v. CHEEK

No. 103,554.

179 P.3d 606 (2007)

2007 OK 97

James Clayton STUMP, Trustee of the James Clayton Stump Revocable Intervivos Trust, Plaintiff/Appellant, v. George A. CHEEK and Diana M. Cheek, Defendants/Appellees, and Clinton B. Keating and Ruth M. Keating, Third Party Defendants, and Donald Ray Meints, Rene Cheryl Meints, Ronald W. Garrett, Linda N. Garrett, Floyd H. Decou, and Albertine Decou., Third Party Defendants.

Supreme Court of Oklahoma.

Rehearing Denied March 10, 2008.

Attorney(s) appearing for the Case

Byron D. Todd, Tulsa, OK, for Plaintiff/Appellant.

Mark W. Kuehling, Oklahoma City, OK, for Defendants/Appellees.

KAUGER, J.

¶ 1 The question presented is whether the trial court erred in denying the appellant's motion for attorney fees, costs, and expenses under the Nonjudicial Marketable Title Procedures Act, 12 O.S.2001 § 1141.1 et seq. We find that it did.

FACTS

¶ 2 This appeal arises from an action to quiet title to a disputed tract of real property located on Grand Lake in Delaware County, Oklahoma. The tract is a 20' x 30' portion...

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