Lindhorst v. Wright

BOX, Judge:

An appeal by the plaintiffs below, Guss A. and Beatrice Lindhorst, husband and wife, from a judgment against them in a quiet title action.

The Lindhorsts acquired title to land situated in Mayes County, Oklahoma, in August of 1972. In addition to fee simple title to the NW/4 of SW/4 of Section 14, their general warranty deed granted them a “perpetual right of ingress and egress on and across the easterly 40 feet of the SW/4 of the SW/4 of Section 14.” At the time of purchase, the grantor established a roadway by grading a path through the 40 foot strip. The Lindhorsts made some…