Ben C. Arnold

This case involved a husband seeking a divorce in Oklahoma from his wife on grounds of incompatibility after a prior Texas court had denied a divorce on different grounds. The wife argued that the Texas judgment barred the Oklahoma action under res judicata, but the trial court granted the divorce, relying on the parties' current physical circumstances, such as their age difference and observed relationship, rather than pre-Texas events. The Oklahoma Supreme Court affirmed, holding that the decision was based on facts existing at the time of trial and thus not precluded by the earlier judgment.

family lawprocedure

This case arose from probate proceedings in Osage County concerning the will of Wade A. Blasingame. His widow, Rosa A. Blasingame, sought to elect to take under the laws of descent and distribution rather than the will, which left her only a life estate in the home and a car while distributing the rest of the roughly $37,000 estate to other relatives and a church. The county court denied the election based on a prenuptial agreement she had signed the day before the marriage, and the district court affirmed after a de novo trial. The Oklahoma Supreme Court upheld that ruling, finding no fraud, coercion, or deceit in the agreement's execution; the widow, a mature businesswoman, had been advised to consult her own attorney, understood she was signing a marriage contract waiving claims to the other's property, and was therefore bound by its terms allowing the decedent to dispose of his assets as he wished.

family lawproperty

In Application of Smith, Naomi and J.M. Smith petitioned the District Court to vacate a dedicated alley and street in Caldwell’s Addition in New Cordell, Oklahoma, under a statute permitting vacation upon proof of non-use by the public or adverse possession for more than five years. The City of New Cordell objected only to vacation of the alley adjacent to Block A, citing potential future use for garbage service and sewer lines, and evidence showed limited private use of the alley in recent years. The trial court granted vacation of the unopposed portions but denied it for the disputed alley. The Supreme Court reversed, holding that the uncontradicted evidence established the alley had been fenced and unused by the public since 1904, that adverse possession had run for decades, and that the city’s belated interest did not defeat the statutory right to vacation.

property

This case involves an action in an Oklahoma district court to enforce a $18,000 foreign judgment obtained by plaintiff Mark Gannon against defendant W. R. Britton in an Illinois circuit court. Defendant's answer alleged the judgment resulted from extrinsic fraud, including misrepresentations that no personal judgment would be sought against him and that the suit was friendly, but the trial court struck those defenses, denied a jury trial, excluded supporting evidence, and entered judgment for plaintiff under the full faith and credit clause. The Oklahoma Supreme Court reversed and remanded, ruling that a defense of extrinsic fraud in procuring the foreign judgment may be raised and proven in a suit to enforce it in another state.

procedurefederal power

In Farrar v. Chitwood, plaintiff Ida Mae Chitwood sued defendant George Farrar for damages from alleged fraudulent misrepresentations in the sale of several cows and calves, claiming the defendant falsely stated that one cow named Marcella was registered with the American Hereford Association, that her calf could be registered, and that a brindle cow had been bred to a whiteface bull. The jury awarded the plaintiff $200, and the Oklahoma Supreme Court affirmed the judgment. The court held that the evidence showed the defendant made positive assertions about the cattle's registration and breeding not warranted by his information, which met the statutory definition of actual fraud under 15 O.S.1951 § 58 even if he believed the statements true, and that the plaintiff relied on those representations in making the purchase. The court further found the trial instructions, taken as a whole, fairly presented the issues despite minor inconsistencies.

torts & liabilitybusiness & regulatory

This case involved a dispute among the heirs of E.B. Shaw over a quarter section of land he deeded to his son Don O. Shaw in 1947. The plaintiffs, including the widow, another son, and grandchildren, alleged that the deed was intended to create a trust for equitable distribution among all heirs after his death, seeking to impose a constructive trust and share in oil and gas royalties. The defendant claimed the conveyance was an outright gift. The Oklahoma Supreme Court affirmed the trial court's judgment in favor of the defendant, holding that the deed conveyed fee simple title without reservation, there was no evidence of fraud or a fiduciary relationship, and the evidence did not clearly establish a constructive trust or that the deed was merely testamentary. The court reasoned that love and affection provided valid consideration, the grantor was mentally competent, and the burden for proving a trust was not met.

family lawproperty