Stinchcomb v. Stinchcomb

HALLEY, V.C.J.

(dissenting). I regret having to dissent in this case, but I think the majority opinion wholly disregards the statute of frauds of this state in that it makes title to real estate rest on oral testimony alone, where the facts do not justify it.

Our statute of frauds was first shown in the statutes of Oklahoma Territory in 1890, and was adopted from the Laws of Dakota Territory of 1887, which was undoubtedly taken from Lord Tenterden’s Act, §§6 and 7, Statute 9 George IV, c. 14. Its purpose was “to prevent fraud and perjury in the enforcement of obligations depending for their…