Town of Ft. Cobb v. Robinson, Case Number: 31274
| Court | Supreme Court of Oklahoma |
| Writing for the Court | PER CURIAM. |
| Citation | 1944 OK 74,193 Okla. 660,143 P.2d 122 |
| Parties | TOWN OF FT. COBB v. ROBINSON et al. |
| Docket Number | Case Number: 31274 |
| Decision Date | 08 February 1944 |
1944 OK 74
143 P.2d 122
193 Okla. 660
TOWN OF FT. COBB
v.
ROBINSON et al.
Case Number: 31274
Supreme Court of Oklahoma
Decided: February 8, 1944
¶0 1. EASEMENTS--Conveyance gives grantee rights incident to enjoyment.
The conveyance of an easement gives to the grantee all such rights as are incident or necessary to the reasonable and proper enjoyment of the easement granted.
2. SAME--Rights conveyed inconsistent with concurrent occupancy of land by grantor or assigns.
Where the easement requires for its enjoyment a use of land permanent in its nature and practically exclusive, the right conveyed is inconsistent with the concurrent occupancy of the grantor or his assigns.
3. SAME-Rights conveyed to grantee still existent though for a time not fully exercised.
If the language of the grant of an easement, viewed in the light of all of the conditions existing when it was executed, clearly gave the grantee a right in excess of the one actually used, such right would still exist notwithstanding the exercise, for a time, of a lesser privilege.
Sam L. Wilhite, of Anadarko, for plaintiff in error.
Walter Morris, of Anadarko, for defendants in error.
PER CURIAM.
¶1 On the 6th day of July, 1928, Oliver A. Wilson and his wife, Ora M. Wilson, conveyed to the town of Fort Cobb, for a consideration of $300, approximately two acres of land out of a quarter section of land to be used for the purpose of exploring for water. On the 12th day of August, 1937, plaintiffs acquired the quarter section subject to the easement by deed from Oliver A. Wilson and his wife, Ora M. Wilson. On the 18th day of May, 1942, the plaintiffs filed an action against the defendant, and in the first cause of action alleged that they are the owners of the quarter section involved and especially the two-acre tract of land, and that the defendant claimed some right, title, or interest in and to said property and that the same constitutes a cloud on the title of the plaintiffs, and sought to quiet title thereto.
¶2 In the second cause of action it is alleged that the plaintiffs have legal estate in fee in anal to the said two acres, and that the plaintiffs have been damaged in the sum of $100 by the withholding of possession of said premises. By an amendment to the second cause of action plaintiffs asserted that the defendant had caused its agents to go upon said premises and build a fence around the two acres in...
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U.S. v. City of McAlester, Okl., No. 76-1455
...v. Lee, 393 P.2d 515 (Okl.); Wilcox Oil Co. v. Bradberry, 208 Okl. 546, 257 P.2d 1096; and Town of Ft. Cobb v. Robinson, 193 Okl. 660, 143 P.2d 122. Because we feel that the trial court was principally relying on the test whether the uses in question were improper or inconsistent with the w......
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Logan Cnty. Conservation Dist. v. Pleasant Oaks Homeowners Ass'n, 113,313
...the landowner to additional compensation under the facts presented.” Id. ¶ 20, 69 P.3d at 273 ; see also Town of Ft. Cobb v. Robinson , 1944 OK 74, ¶¶ 8–9, 193 Okla. 660, 143 P.2d 122, 123 (allowing easement holder to construct a fence to protect water wells as reasonably incident to the pr......
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Reynolds Irr. Dist. v. Sproat, 7384
...Juris Secundum, Easements, § 91, page 771; 17 Am.Jur., Easements, pages 993 and 994, § 96; Town of Fort Cobb v. Robinson, 193 Okl. 660, 143 P.2d 122; Kesterson v. California Oregon Power Co., Ore., 221 P. 826 at page 831; Anderson v. Southern California Edison Co., 77 Cal.App. 328, 246 P. 5......
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City of Bartlesville v. Ambler, No. 43192
...enjoined from using these properties for construction of the proposed drainage ditch. In Town of Fort Cobb v. Robinson, 193 Okl. 660, 661, 143 P.2d 122, 123 (1944), Page 437 the Court indicated that a suit to enjoin a misuser of an easement could be maintained. We believe this statement exp......
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U.S. v. City of McAlester, Okl., No. 76-1455
...v. Lee, 393 P.2d 515 (Okl.); Wilcox Oil Co. v. Bradberry, 208 Okl. 546, 257 P.2d 1096; and Town of Ft. Cobb v. Robinson, 193 Okl. 660, 143 P.2d 122. Because we feel that the trial court was principally relying on the test whether the uses in question were improper or inconsistent with the w......
-
Logan Cnty. Conservation Dist. v. Pleasant Oaks Homeowners Ass'n, 113,313
...the landowner to additional compensation under the facts presented.” Id. ¶ 20, 69 P.3d at 273 ; see also Town of Ft. Cobb v. Robinson , 1944 OK 74, ¶¶ 8–9, 193 Okla. 660, 143 P.2d 122, 123 (allowing easement holder to construct a fence to protect water wells as reasonably incident to the pr......
-
Reynolds Irr. Dist. v. Sproat, 7384
...Juris Secundum, Easements, § 91, page 771; 17 Am.Jur., Easements, pages 993 and 994, § 96; Town of Fort Cobb v. Robinson, 193 Okl. 660, 143 P.2d 122; Kesterson v. California Oregon Power Co., Ore., 221 P. 826 at page 831; Anderson v. Southern California Edison Co., 77 Cal.App. 328, 246 P. 5......
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City of Bartlesville v. Ambler, No. 43192
...enjoined from using these properties for construction of the proposed drainage ditch. In Town of Fort Cobb v. Robinson, 193 Okl. 660, 661, 143 P.2d 122, 123 (1944), Page 437 the Court indicated that a suit to enjoin a misuser of an easement could be maintained. We believe this statement exp......