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JOHNSON v. SUTTLES

No. 105,646. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

227 P.3d 664 (2009)

2009 OK CIV APP 89

Arnold JOHNSON and Wynema Johnson, Plaintiffs/Appellees, v. Merlen SUTTLES and Nancy Suttles, Defendants/Appellants.

Court of Civil Appeals of Oklahoma, Division No. 4.

As Corrected October 30, 2009.

Attorney(s) appearing for the Case

Derril W. McGuire, Ardmore, OK, for Plaintiffs/Appellees.

John D. Otey, Otey Law Offices, P.L.L.C., Ardmore, OK, for Defendants/Appellants.

DOUG GABBARD II, Presiding Judge.

¶ 1 Defendants, Merlen and Nancy Suttles, appeal the trial court's order granting Plaintiffs, Arnold and Wynema Johnson, an easement of necessity across Defendants' property to the upper portion of Plaintiffs' land. We affirm as modified herein.

BACKGROUND

¶ 2 In April 2006, Plaintiffs purchased a 75-acre tract of land located in Carter County, Oklahoma. The tract is located directly east and south of Defendants...

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