Armstrong v. Maple Leaf Apartments, Ltd.

I question our conclusion that two thirds of the appellant’s interest in the land had been acquired by purchase, rather than by inheritance. On this point, Oklahoma law is determinative. While Oklahoma case law is not absolutely free from ambiguity, I believe it takes a view inconsistent with that of today’s opinion.

Oklahoma cases have clearly hejd that a partition among cotenants does not amount to a change in title, but merely adjusts the rights of possession. In re Estate of Mullendore, 297 P.2d 1094, 1096 (Okl.1956) (per curiam). It does not transform an inherited estate into one of…