ROSS v. DISTRICT COURT OF OKLAHOMA COUNTY

ROSS v. DISTRICT COURT OF OKLAHOMA COUNTY
1948 OK 13
188 P.2d 861
199 Okla. 573
Case Number: 33302
Decided: 01/13/1948
Supreme Court of Oklahoma

Syllabus

¶0 1. VENUE - Action for determination of right or interest in real property must be brought in county where subject of action located.
An action for the determination in any form of any right or interest in real property must be brought in the county in which the subject of the action is situated. 12 O. S. 1941 § 131, sub. (1).
2. PROHIBITION - Proper remedy.
Prohibition is a proper remedy to prevent the exercise of jurisdiction not granted by law.

Original proceeding by R. S. Ross et al. for writ of prohibition against the District Court of Oklahoma County and Honorable Lewis R. Morris. Writ granted.

Hall & Cotten, of Oklahoma City, for petitioners.

Little & Hoyt, of Oklahoma City, for respondents.

RILEY, J.

¶1 Petitioners seek to prohibit respondent from exercising jurisdiction in the trial of cause 111,545 pending in the trial court. By the pending action, W.A. Preston seeks in the district court of Oklahoma county to determine an interest in land situated in Payne county, consisting of an oil and gas royalty alleged to have been acquired as a result of his joint adventure with defendants.

¶2 12 O. S. 1941 § 131, subd. (1), restricts actions for the determination in any form of any right or interest in real property to the county in which the subject of the action is situated. An accounting sought between the joint adventurers is dependent upon the interest in land sought to be determined and is therefore ancillary. Royalty is an interest in real property. Hudson v. Smith, 171 Okla. 79, 41 P.2d 861; Franklin et al. v. Margay Oil Corp., 194 Okla. 519, 153 P.2d 486.

¶3 Let the writ issue.

¶4 HURST, C.J., and BAYLESS, CORN, GIBSON, and LUTTRELL, JJ., concur DAVISON, V.C.J., and WELCH and ARNOLD, JJ., dissent.