Legal Opinion

McCaleb v. McKinley

Supreme Court of Oklahoma

Decided December 7, 1920No. 9830PublishedCited by 17 opinions

Error from District Court, Washington County; K. B. Boone, Judge. Action by A. E. MeCaleb against G. R. McKinley for the recovery of land. Plaintiff’s petition dismissed by the trial court, from which plaintiff appeals.

1Opinion of the CourtHiggins, J.

The only question for review in this case is whether the statute of frauds and of uses and trusts are a bar to the prosecution of this action under the allegations as set forth in the amended petition.

The amended petition, in substance, states that the plaintiff in error, plaintiff below, and another party orally agreed w^h the owner of a certain tract of land to purchase tlie same; tliat in procuring an abstract, surveying and inspecting the same, they had expended $50 in money; that when plaintiff and the party associated with him were ready to take over the land and the owner of the same…

2Cases cited1 opinion

  1. McCaleb v. McKinleySupreme Court of Oklahoma · 1916

3Cited by17 opinions

  1. Wells v. ShriverSupreme Court of Oklahoma · 1921
  2. Cacy v. CacySupreme Court of Oklahoma · 1980
  3. Peyton v. McCaslinSupreme Court of Oklahoma · 1966
  4. Sperling v. MarlerSupreme Court of Oklahoma · 1998
  5. Cameron v. WhiteSupreme Court of Oklahoma · 1927

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