Mitchener v. City Com'rs, City of Okmulgee

Opinion by

RUTH, C.

This action was filed in the district court of Okmulgee county by W. C. Mitchener and others against the city commissioners of Okmulgee and one Moses Carr, defendants, wherein it was sought to enjoin the city commissioners from' vacating Cherokee street from Seminole avenue and Morton avenue, in the city of Ok-mulgee, and to enjoin the defendant Moses Carr from erecting a building on the land, so vacated for street purposes.

The plaintiffs’ petition alleges that in January, 1904, a plat covering Smith’s addition was filed and recorded, and upon such plat the said Cherokee…