Herron v. Swarts

BERRY, Justice.

In 1957, defendant in error, Lee Swarts, hereafter referred to as “Swarts”, instituted this action against plaintiffs in error, Leonard G. Herron, Sr., Joseph H. Herron and Quintus Herron, individually and as Trustees of the Herron Trust, a common-law trust, and others, for possession of 40 acres of remote, wild timber land, lying in McCurtain County, Oklahoma, damages for trespass thereon and to quiet his title thereto. No evidence was presented on the cause of action for damages.

The case was tried to a jury and from an adverse verdict and judgment thereon, the above named…