City of Stillwater v. Cundiff

The parties will be referred to as they appeared in the trial court. Plaintiff is the owner of the west half of the northeast quarter of a section of land in Payne county, ' Okla. The defendant has drilled a series of six wells on the southeast quarter of the quarter section so that the six wells are on the 40 acres of land just east of the 80 acres owned by the plaintiff and just across from the south 40 acres of the plaintiff’s land. From these wells the city of Still-water obtained its water supply which was being sold for the consumption of its citizens.

Plaintiff first filed a petition…