McCoy v. McCoy
Supreme Court of Oklahoma
Error from District Court, Canadian County; J. J. Carney, Judge. Action by Charles E. McCoy against John E. McCoy and others. Judgment for plaintiff, and defendant John E. McCoy brings error. This is an action begun in the district court of Canadian county, March 4, 1907. Charles E. McCoy sued John L. McCoy, James N. Bleigh, and Fred.
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Error from District Court, Canadian County; J. J. Carney, Judge. Action by Charles E. McCoy against John E. McCoy and others. Judgment for plaintiff, and defendant John E. McCoy brings error. This is an action begun in the district court of Canadian county, March 4, 1907. Charles E. McCoy sued John L. McCoy, James N. Bleigh, and Fred. H. Wright to have John E. McCoy declared a resulting trustee, holding for plaintiff an undivided one-third interest in a tract of land containing 160 acres situated in Canadian county, Okla. The petition alleged that the plaintiff and John L. McCoy, a brother,…
1Opinion of the Court
Opinion by
HARRISON, C.
(after stating the facts as above). There are three principal propositions involved herein, a determination of which, in our opinion, properly disposes of all the material features in the case. First, does the petition state a cause of action? Second, was defendant as a matter of right entitled to a jury? Third, was parol testimony admissible to prove the alleged verbal contract?
Out of the first proposition arises the question whether this is an action for the specific performance of a verbal contract creating an express trust for the sale of real estate, or whether from…
2Cases cited21 opinions
- Oelrichs v. SpainSupreme Court of the United States · 1872
- Gardner v. RundellTexas Supreme Court · 1888
- Kimball v. ConnorSupreme Court of Kansas · 1866
- Hixon v. GeorgeSupreme Court of Kansas · 1877
- Maas v. DunmyerSupreme Court of Oklahoma · 1908
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3Cited by54 opinions
- Mathews v. SniggsSupreme Court of Oklahoma · 1919
- Tulsa Exposition & Fair Corp. v. Board of County CommissionersSupreme Court of Oklahoma · 1970
- Peyton v. McCaslinSupreme Court of Oklahoma · 1966
- Jackson v. JacksonSupreme Court of Georgia · 1920
- Ocdike v. MartinSupreme Court of Oklahoma · 1922
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