Legal Opinion

Bennett v. Whitehouse

District Court, W.D. Oklahoma

Decided April 11, 1988No. CIV-86-1711-PPublishedCited by 2 opinions

1Opinion of the Court

ORDER AND MEMORANDUM OPINION

PHILLIPS, District Judge.

Lawrence E. Bennett filed this action to quiet title to a term mineral interest underlying certain property in Roger Mills County, Oklahoma. Plaintiff seeks to quiet title under the Marketable Record Title Act (hereafter “Act”), 16 O.S. §§ 71-85 (1986). Defendants claim an interest in the property and challenge the constitutionality of the Act on due process grounds. This Court has jurisdiction pursuant to 28 U.S.C. § 1346(f).

THE MARKETABLE RECORD TITLE ACT

The Oklahoma Legislature enacted the Marketable Record Title Act in 1963, based on…

2Cases cited17 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Texaco, Inc. v. ShortSupreme Court of the United States · 1982
  5. Wichelman v. MessnerSupreme Court of Minnesota · 1957

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3Cited by2 opinions

  1. Walton v. City of Red BluffCalifornia Court of Appeal · 1991
  2. Severns v. Union Pacific Railroad Co.California Court of Appeal · 2002

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