Lovett v. Lovett

TOM GRAY, Chief Justice.

This proceeding involves the emasculation of the statute of frauds. In the Court’s original opinion, see Appendix A, the Court used evidence of payments made to satisfy the first and third prong of the modified Hooks v. Bridgewater test.1 See Hooks v. Bridgewater, 111 Tex. 122, 229 S.W. 1114 (1921). In my original dissent*396ing opinion, see Appendix B, I argued that payment of money could not be used to satisfy both the first and third elements of the modified test. In its opinion on rehearing, the Court now contends that the act of moving to the property is sufficient,…