Town of Skiatook v. Brummett

JOHNSON, Justice.

This is an action for a declaratory judgment under Sections 1651 to 1657, Title 12 O.S.1961. The plaintiff in error herein was defendant below, and defendant in error herein was the plaintiff below and will hereafter be referred to as they appeared in the trial court.

The plaintiff is the owner of forty acres of land located in Tulsa County, Oklahoma, between the cities of Tulsa and, Skiatook. In 1935 J. V. Daniels, the then owner of the above mentioned land, entered into a right-of-way contract with the defendant City of Skiatook whereby he granted to such City a right-of-way…