Hopper v. Rowntree

O’NEAL, Justice.

This is an action wherein plaintiff seeks to recover an undivided one-eighth (⅛) interest in 220 acres of land located in Creek County, Oklahoma, and for an accounting of the rents and profits therefrom. From a judgment in favor of the plaintiff, defendants appeal.

Maxwell J. Rowntree, plaintiff, and C. E. Foley, Sr., defendant, will be referred to as plaintiff and defendant, respectively, and E. C. Hopper, executor of the estate of C. E. Foley, Sr., deceased, as the executor.

In plaintiff’s original petition it was alleged that the defendant and one K. B. Turner purchased the…