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HERRON v. SWARTS

No. 38514.

350 P.2d 314 (1960)

Leonard G. HERRON, Joseph C. Herron and Quintus H. Herron, individually and as Trustees of the Herron Trust, Plaintiffs in Error, v. Lee SWARTS, Defendant in Error.

Supreme Court of Oklahoma.

March 1, 1960.

Attorney(s) appearing for the Case

Tom Finney, Idabel, Lloyd Story, Valliant, for plaintiffs in error.

Ed R. LeForce, William N. Christian, Idabel, for defendant in error.

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...

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