Beulah Wallace, Administratrix of the Estate of J. H. Wallace, Deceased, and Effie Wallace, D/B/A Wilburton Lumber Company v. Alex Swafford

LEWIS, Circuit Judge.

This is a quiet title action involving lands once held by the Missouri, Kansas and Texas Railway Company and since abandoned by the railroad. We have earlier considered one phase of the controversy, City of Wilburton, Oklahoma, v. Swafford, 10 Cir., 253 F.2d 479, determining, after review of the applicable statutes, that abandonment of the railroad easement did not vest title in the City of Wilburton. The instant action arises by way of supplemental and ancillary complaint filed by Swafford in the original action and now makes present appellants parties for the first…