Oklahoma City-Ada-Atoka Railway Co. v. Rooker

JOHNSON, Justice.

The Oklahoma City-Ada-Atoka Ry. Co., a defendant below and plaintiff in error herein, appeals from a judgment rendered in favor of plaintiff, H. C. Rooker, quieting title in the oil, gas and other minerals lying under a certain described portion of its road bed, or right of way, which it had obtained from its predecessor. Its predecessor’s interest in the propery was obtained pursuant to condemnation proceedings brought in 1903 under the provisions of Article 9, Chap. 17, Okl.Statutes of 1893, 66 O.S.1951 § 1 et seq.

The railroad’s right to an easement across plaintiff’s land,…