Settles v. Atchison, Topeka & Santa Fe Railway Co.

The parties to this appeal occupy the same relative positions here as in the trial court and we will refer to them by their trial court designation.

Plaintiffs initiated the action, claiming to be the owners of the minerals in and under the W½, SEy4, Sec. 6, Twp. 5 N., Range 8 East, Pottawatomie County, Oklahoma. In its answer and cross-petition, defendant asserted its claim to the fee-simple title, including all minerals, in and under its described railroad right of way across the property. The trial court held for the defendant and quieted its title against plaintiffs. Both parties rely upon…