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STOCKTON v. BOARD OF COUNTY COMM'RS OF PAYNE COUNTY

No. 38995.

363 P.2d 504 (1961)

V.E. STOCKTON, Sam M. Myers and John Coe, Plaintiffs in Error, v. BOARD OF COUNTY COMMISSIONERS OF COUNTY OF PAYNE, Defendant in Error.

Supreme Court of Oklahoma.

June 27, 1961.

Attorney(s) appearing for the Case

Hoel & Horton, Stillwater, for plaintiffs in error.

K.D. Greiner, County Atty., A.J. Schott, Asst. County Atty., Stillwater, for defendant in error.

JOHNSON, Justice.

The plaintiffs in error, plaintiffs in the trial court, are the owners of the SW ¼ of Section 21-19-3E, Payne County, Oklahoma. On the west side of this quarter section there has never been a road along the section line for a distance of approximately 690 feet prior to the construction mentioned herein. Due to a creek in that vicinity, the road which has been used since the opening of the area to settlement departs from the section line a short...

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