Noble v. Okla. City

• Decision Date: 14 December 1937
• Docket Number: Case Number: 23821
• Citation: 191 Okla. 20,1937 OK 724,127 P.2d 843
• Parties: NOBLE et al. v. OKLAHOMA CITY
• Court: Oklahoma Supreme Court

1937 OK 724

127 P.2d 843

191 Okla. 20

NOBLE et al. v. OKLAHOMA CITY

Case Number: 23821

Supreme Court of Oklahoma

Decided: December 14, 1937

Syllabus

¶0 1. RAILROADS-- Right-of-way deed by owner to part of town lots-Upon abandonment by railroad title of assigns of grantor under reverter clause of deed held superior to that of grantee of railroad, its successor or assigns.

Where title to a lot in a townsite in Oklahoma located on public land is acquired through townsite trustees under a valid townsite entry, and a part of such lot is later conveyed to a railroad company for use and occupation by such railroad company as and for its right of way for the construction, operation, and maintenance of its railroad, with the proviso therein that in case of abandonment of the premises by such railroad company, its successors or assigns, "the same shall revert to the grantors, their heirs or assigns," upon such abandonment, the title of the assigns of the grantor is superior to that of a grantee from the railroad company, its successor or assigns.

2.DEDICATION--Streets and alleys--Abandonment or vacation of alleys--Reversion to abutting owners.

The public acquires an easement in the streets and alleys by a dedication thereof to such public use, and upon the abandonment or vacation of such alley the fee and right of possession to the land covered thereby goes to the owners of the abutting property.

3. SAME--Reversion to abutting owners subject to right of municipality to reopen alley without cost.

Under the provisions of section 610, Stats. of 1890, upon the vacation of an alley previously dedicated to public use, the reversion is to the abutting owners subject as a matter of law to the right of the municipality to reopen the alley without cost to it.

Appeal from District Court, Oklahoma County; Lucius Babcock, Judge.

Suit by George Noble and another against the City of Oklahoma City. A decree of the Supreme Court of Oklahoma (172 Okla. 182, 44 P. 2d 135), which affirmed judgment for the defendant, was reversed by the United States Supreme Court (297 U. S. 481, 56 S. Ct. 562, 80 L. Ed. 816), and cause was remanded to the Supreme Court of Oklahoma. Judgment of the district court reversed, with directions.

See, also, Higgins v. Oklahoma City, 191 Okla. 16, 127 P. 2d 845; Oklahoma City v. Dobbins, 189 Okla. 381, 117 P. 2d 132.

Joe T. Rogers, of Wichita, Kan., Warren E. Libby, of Los Angeles, Cal., and Suits & Disney, Henry L. Goddard, Fred Ptak and Chas. H. Garnett, all of Oklahoma City, for plaintiffs in error.

Jarman & Brown, Harlan Deupree, Municipal Counselor, and P. E. Gumm, all of Oklahoma City, for defendant in error.

RILEY, J.

¶1 A former opinion in this case consolidated with cause 23822, Higgins v. Oklahoma City, is reported in 172 Okla. 182, 44 P. 2d 135. Reference is here made to the statement of facts in said opinion.

¶2 The parties are referred to herein as in the former opinion.

¶3 After said opinion became final, a writ of certiorari was granted by the Supreme Court of the United States, and on March 2, 1936, that court promulgated its opinion reversing the judgment of this court and remanding the cause for further proceedings. Noble v. Oklahoma City, 297 U. S. 481.

¶4 On March 28, 1891, Naoma and George Noble executed to the Choctaw Coal & Railway Company a deed which contained the following reversionary clause:

"Being intended for the use and occupation of said party (grantee), its successors and assigns, as and for its right of way for the constructing, operation, and maintenance of its railroad and business at or upon the land hereby released and quitclaimed: Provided, that in case of abandonment of said premises by said second party, its successors or assigns for the purposes above mentioned, the same shall revert to the grantors, their heirs or assigns. "

¶5 The opinion of the Supreme Court of the United States as to the Noble Case concludes as follows:

"It follows from what has been said that the railroad derived title to the Noble lot by the deed of Naoma and George Noble of March 28, 1891. As no question is made but that the reverter clause in that deed became operative upon abandoment of the line, the Noble title is superior to that of the respondent."

¶6 After the cause was remanded to this court, various motions and briefs in support thereof have been filed by the parties.

¶7 The defendant city of Oklahoma City contends that this cause should be remanded for a new trial, or in the alternative judgment should be rendered in its favor, for, it contends, that if judgment be not entered in its favor for the north 40 feet of the lot in controversy, in any event judgment should be rendered for the ten feet just north of said lot, being the south ten feet of the 20-foot alley running east and west just north of said lot.

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