Legal Opinion

Whittett v. Payne

Supreme Court of Oklahoma

Decided January 9, 1962No. 39285PublishedCited by 8 opinions

1Opinion of the Court

HALLEY, Justice.

James E. Hendrix and his wife, Ruby,, owned five acres of land in Oklahoma County described as follows:

“East Five (5) Acres of the Southeast Quarter (SEj4) of the Southwest Quarter (SWJfj), Section Three (3), Township Eleven North (11N), Range Four West (4W), of the I.M.,. according to the Government Survey, except the North Thirty Feet (N300 thereof for road.”

As owners of the above five acres they claimed to have a dominant estate in an easement appurtenant for roadway purposes in a right-of-way described as follows:

“North Thirty feet of the South half of the Southwest…

2Cases cited3 opinions

  1. Montague v. State Ex Rel. Commissioners of the Land OfficeSupreme Court of Oklahoma · 1939
  2. Morgan v. Phillips Petroleum Co.Supreme Court of Oklahoma · 1949
  3. Tulsa Exchange Co. v. KiesterSupreme Court of Oklahoma · 1947

3Cited by8 opinions

  1. Schepp v. HessSupreme Court of Oklahoma · 1989
  2. ARW Exploration Corp. v. AguirreCourt of Appeals for the Tenth Circuit · 1991
  3. Sears, Roebuck & Company v. HellerSupreme Court of Oklahoma · 1965
  4. BERKSON v. STATE ex rel. ASKINS AS ADMINISTRATIVE DIRECTOR OF THE COURTSSupreme Court of Oklahoma · 2023
  5. Arw Exploration Corporation v. AguirreCourt of Appeals for the Tenth Circuit · 1991

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