Boyle v. Barnett

Supreme Court of Oklahoma

Boyle v. Barnett

1932 OK 316, 12 P.2d 539, 158 Okla. 87, 1932 Okla. LEXIS 930

CourtSupreme Court of Oklahoma

DecidedApril 26, 1932

Docket20095

StatusPublished

This text of 1932 OK 316 (Boyle v. Barnett) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boyle v. Barnett, 1932 OK 316, 12 P.2d 539, 158 Okla. 87, 1932 Okla. LEXIS 930 (Okla. 1932).

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Opinion

HEFNER, J.

This is an action by Hagar Barnett against Philip Boyle to cancel certain mineral deeds executed by her, because of alleged fraud practiced upon her. R. (T. Edwards and K. W. Dawson, by permission of the court, intervened and claimed the rights here involved as innocent purchasers. The trial court found in favor of plaintiff and entered judgment canceling the deeds. Defendant and interveners have appealed, and assert that the judgment is contrary to law and not sustained by the evidence.

The facts here involved are identical with those in the case of Philip Boyle et al. v. *88 Sequoyah Barnett, 158 Okla. 85, 12 P. (2d) 217, this day decided. Under the authority of that case, the judgment is reversed and the cause remanded, with directions to enter judgment in favor of interveners.

LESTER, C. J., and RILEY, SWINDALL. and McNEILL, JJ., concur. CLARK, Y. O. J., and CULLISON and ANDREWS, JJ., absent. KORNEGAY, J., dissents.

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HEFNER, J.

This is an action by Hagar Barnett against Philip Boyle to cancel certain mineral deeds executed by her, because of alleged fraud practiced upon her. R. (T. Edwards and K. W. Dawson, by permission of the court, intervened and claimed the rights here involved as innocent purchasers. The trial court found in favor of plaintiff and entered judgment canceling the deeds. Defendant and interveners have appealed, and assert that the judgment is contrary to law and not sustained by the evidence.

The facts here involved are identical with those in the case of Philip Boyle et al. v. *88 Sequoyah Barnett, 158 Okla. 85, 12 P. (2d) 217, this day decided. Under the authority of that case, the judgment is reversed and the cause remanded, with directions to enter judgment in favor of interveners.

LESTER, C. J., and RILEY, SWINDALL. and McNEILL, JJ., concur. CLARK, Y. O. J., and CULLISON and ANDREWS, JJ., absent. KORNEGAY, J., dissents.

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Bluebook (online)

1932 OK 316, 12 P.2d 539, 158 Okla. 87, 1932 Okla. LEXIS 930, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyle-v-barnett-okla-1932.

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