Oklahoma Estoppel Law
 

Farm Credit Bank of Wichita v. Woodring

¶0 The appellants, Farm Credit Bank of Wichita and Citizens Bank of Wakita (collectively, Banks) made loans to the Cecelia Simons Trust (Trust). The loans were secured by first and second mortgages on Trust real estate. The Trust defaulted, and the Banks began foreclosure proceedings. Thereafter, the Trustees conveyed two unencumbered tracts of real estate to trust beneficiaries, leaving the Trus... More...   $0 (04-27-1993 - OK)

IN RE THE ESTATE OF FRED FRANKLIN JAMES, SR., deceased, and In the Matter of the Creditor Claims of: PAMELA A. FLENER, Plaintiff/Appellee, and Glenn Flener, Plaintiff, v. F. NILS RAUNIKAR, Personal Representative of the Estate of Fred Franklin James, SR., deceased, Defendant/Appellant, and FRED FRANKLIN JAMES, JR., Appellant, and DALE BRYAN JAMES, Appellee.

¶1 We granted certiorari to address whether two children who were named beneficiaries in a will were pretermitted heirs. We hold that heirs are not pretermitted because their beneficiary status on a non-probate asset differs from their bequests in a will. We reverse the trial court in part, and remand for proceedings consistent with our determination neither child was a pretermitted heir.

... More...
   $0 (04-03-2020 - OK)

CONSOLIDATED CUT STONE CO. v. SEIDENBACH

¶0 1. APPEAL AND ERROR - Supreme Court Without Jurisdiction to Determine Questions of Fact and Law New and Different From Those Involved When Case Presented on Appeal.
In an appellate proceeding the Supreme Court does not have original jurisdiction to try and determine questions of fact and law new and different from those involved in the case when it was presented on appeal.
2. MECHANICS'... More...
   $0 (12-07-1931 - OK)

Sarah Ray, et al. v. Red Mountain Energy, Crescent Consulting, Patterson UTI, and National Oilwell Varco

McAlester, OK - The families and estates of two men killed in a oil well blowout sued Red Mountain Energy, Crescent Consulting, Patterson UTI, and National Oilwell Varco on negligence and wrongful death theories.

Drilling contractor Patterson-UTI Energy and operator Red Mountain Energy admitted a tragic explosion that took place at the site of a drilling operation in Oklahoma, resulting i... More...
   $0 (01-29-2020 - OK)

Brenda Hubbard v. Oral and Maxillofacial Associates, LLC





and Maxillofacial Associates, LLC (OMA). We affirm.
I
OMA is a surgical practice owned by physicians who exercise joint control
over its business matters. OMA operates out of four offices, and it hired Hubbard
* After examining the briefs and appella... More...
   $0 (09-11-2019 - OK)

Miller v. Troy Laundry Mach. Co.

¶0 1. EVIDENCE - Parol Evidence to Prove Fraud Inducing Execution of Contract.
An exception to the parol evidence rule exists for the purpose of proving fraud in inducing execution of a written contract.
2. FRAUD - Rescission or Recovery of Damages as Remedy of Party Induced by Fraud to Execute Contract.
A contract may be rescinded, or damages recovered for the effect of the contract, ... More...
   $0 (09-15-1936 - OK)

Harn v. Smith

¶0 1. Jury--Right to Jury Trial--Mortgage Foreclosure--Issue as to Amount Due. In an action for the recovery of money due on a promissory note executed by the defendants, and for the foreclosure of a mortgage given to secure the payment of said note, where issue is joined as to the indebtedness due, either party is entitled to a trial by jury as a matter of right.
2. Corporations--Subscription... More...
   $0 (09-13-1921 - OK)

Milburn v. Miners' & Citizens' Bank

¶0 1. Pleading -- Failure to Attach Copy of Note--Mode of Objection.
Under section 287, Comp. Stat. 1921, the allegation of the execution of a promissory note contained in plaintiff's petition will be taken as true unless the denial of such execution is verified by the affidavit of the defendant, his agent or attorneys. Where a suit is brought to recover on a promissory note, the plaintiff is ... More...
   $0 (04-15-1924 - OK)

First State Bank of Gowen v. Miller

¶1 The plaintiff in error was the plaintiff below, and the defendant in error was the defendant. The parties will be referred to herein as plaintiff and defendant, as they appeared in the trial court.

¶2 The cause was tried upon the plaintiff's amended petition. The plaintiff, by its amended petition, seeks to recover from the defendant the sum of $ 600 and accrued and accruing interest, ... More...
   $0 (05-26-1925 - OK)

Sunrison Homes, Inc. v. American Guaranty Investment Corporation


¶1 The four issues presented are: (1) Whether an instrument lacking the words "pay to order or to bearer" is a negotiable instrument conferring holder in due course status on a party taking the document by assignment; (... More...
   $0 (10-17-1989 - OK)

Miller v. Troy Laundry Machinery Co., Inc.

¶1 This is an appeal by the plaintiff in the trial court, from an order sustaining defendant's demurrer to plaintiff's evidence, and rendering judgment for defendant on its cross-petition.

¶2 The petition in its original form sought damages caused by an alleged breach of defendant's oral warranty as to fitness and condition of a certain laundry machine purchased by plaintiff from defendan... More...
   $0 (11-30--0001 - OK)

LORI SCHNEDLER V.HEATHER NICOLE LEE and KEVIN PLATT





Lori Schnedler and Heather Lee met each other in the early 2000s while working for the Bartlesville Police Departmen... More...
   $0 (07-03-2019 - OK)

Pyeatt v. Estus

¶1 (Plaintiffs in error will be designated plaintiffs, and defendants in error, defendants.) The plaintiffs are minor children of A. P. Cash, suing through their legal guardian, A. F. Pyeatt, the purpose of which suit is to have canceled certain conveyances to the lands involved, which comprise the allotments of said minors and their deceased mother. Briefly stated, the grounds of recovery alleged... More...   $0 (06-06-2016 - OK)

Phillip Estrada v. Dennis Kriz

¶1 Plaintiff/Appellant Phillip Estrada (Estrada) appeals the trial court's Order granting the motion to dismiss of Defendants/Appellees Dennis Kriz, Hodges Transport, Mid-America Pallet, LLC, et al. (collectively, Defendants). Defendants moved for dismissal "based upon [Estrada's] failure to plead [fraud] with particularity, the Doctrine of Laches and the Doctrine of Equitable Estoppel." Based on ... More...   $0 (03-02-2015 - OK)

Vivian Phillips v. Merry X. Ball

¶1 The defendant in error, Merry X. Ball, hereafter referred to as "plaintiff", instituted this action on December 7, 1953, against the plaintiffs in error, hereafter referred to as "defendants" or by name, to recover an undivided 2/9ths interest in the estate of Dewey W. Smith, her deceased father who died intestate in 1942 a resident of Cotton County, Oklahoma, and for an accounting in connectio... More...   $0 (07-07-1960 - OK)

Jeffrey Scott Canady v. Jason Bryant





Petitioner Jeffrey Scott Canady requests a certificate of appealability to appeal
the district court’s order dismissing his 28 U.S.C. § 2254 petition as untimely.
In June 2015, Petitioner pled guilty in Oklahoma state court to one count each
of second-de... More...
   $0 (06-19-2019 - OK)

Cities Service Co. v. Gulf Oil Corp.

¶1 While the appeal before us presents complex procedural questions of both state and federal character and some first-impression matters of adjective law, the case's legal issues are posed in the context of two rather straightforward queries - (1) Was Gulf Oil Corporation, now Chevron USA Inc., and GOC Acquisition Corporation [collectively Gulf] justified in terminating the merger agreement betwe... More...   $0 (07-09-1999 - OK)

Elias Quintana v. Judge Kyle Waters and Orvil Loge





Dr. Elias Quintana appeals the district court’s order dismissing his suit against
Judge Kyle Waters and Muskogee District Attorney Orvil Loge and denying his
motion to amend his complaint.1 We review de novo an ... More...
   $0 (05-01-2019 - OK)

Ricky M. Johnson v. Commissioner, Social Security Administration





Ricky M. Johnson appeals from the district court’s order denying his
application for Social Security disability benefits and supplemental security income
benefits. Exercising jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g),
we affirm.
I. BACKGROUND... More...
   $0 (03-03-2019 - OK)

United States of America v. Farris Dwayne Griffin




Farris Griffin pleaded guilty to one count of being a felon in possession of
a firearm in violation of 18 U.S.C. § 922(g). The district court sentenced Griffin
to 57 months in prison based on the Presentence Report (... More...
   $0 (02-22-2019 - OK)

Rickie Patton and Cathleen Marquardt v. Barry Johnson and Steven Johnson, d/b/a The Johnson Law firm






Over time, this case has become
a procedural motley. In its current iteration, defendantappellant
Barry Johnson emphasizes his association with the
Johnson Law Firm (JLF) in attempting to compel the plaintiffs,
Ric... More...
   $0 (02-11-2019 - OK)

United States of America v. Juan Garcia, a/k/a "Shorty"





Following a jury trial, Juan Garcia was convicted of participating in a drug
conspiracy in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A)(viii). On appeal,
Garcia claims the district court erred by refusing to dismiss the indictment on the
ground that the governm... More...
   $0 (01-23-2019 - OK)

Pamela McKenna v. Commissioner, Social Security Administration





Pamela McKenna appeals from the district court’s order denying her
application for social security disability insurance benefits and supplemental security
income benefits. Exercising jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C.
§ 405(g), we affirm.<... More...
   $0 (01-23-2019 - OK)

United States of America v. Michael Leon Johnson




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Michael Johnson appeals his sentence of 210 months, arguing that the district
court procedurally erred by failing to consider his request ... More...
   $0 (01-08-2019 - OK)

Pamela Sue Praytor v. Commissioner, Social Security Administration

Pamela Sue Praytor appeals a district court order affirming the Commissioner’s denial of disability benefits. She contends an administrative law judge (ALJ) incorrectly evaluated her treating physician’s opinion and her credibility. Exercising jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g), we reverse and remand for further proceedings.
* After examining the briefs and appellate re... More...
   $0 (10-21-2018 - OK)

Fronalee Soto v. Board of County Commissioners of Caddo County, Oklahoma

Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Fronalee Soto, as administrator of the estate of Antonio Jimenez, appeals the
dismissal of her 42 U.S.C. § 1983 complaint against the Board of County
Commissioners of Caddo County, Oklahoma; Caddo County Sheriff Lennis Miller in
* After examining the briefs and appellate record, this panel has determined
unanimously to honor the parties’ request for a decision on the briefs without... More...
   $0 (09-05-2018 - OK)

Brian Keith Heuston v. Jason Bryant, Warden

Northern District of Oklahoma Federal Courthouse
Tulsa, Oklahoma

Brian Keith Heuston seeks a Certificate of Appealability (COA) to appeal the
denial of his 28 U.S.C. § 2254 petition. We deny the COA.
I
In a 2008 jury trial in Oklahoma state court, Heuston was convicted of first
degree burglary, and assault and battery with intent to kill. Heuston was sentenced to
life imprisonment, to be followed by a consecutive 20-year sentence. Heuston fi... More...
   $0 (05-29-2018 - OK)

Timothy J. Hill v. Joes M. Allbaugh

Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Timothy J. Hill, a prisoner in the Oklahoma Department of Corrections,
petitions for a Certificate of Appealability (COA), seeking to challenge the district
court’s denial of his 28 U.S.C. § 2254 petition. We deny the COA.
I
Around March 2012, Hill’s then-girlfriend, Stacie Lewis, gave birth to a girl,
T.H. On June 5, 2012, when T.H. was three months old, Lewis walked into the<... More...
   $0 (05-29-2018 - OK)

Carrie A. Autry v. Acosta, Inc.

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¶1 Carrie A. Autry appeals a temporary injunction enjoining her from (1) recruiting or hiring the employees of her former employer, Acosta, Inc., (2) using Acosta's confidential or proprietary information, or (3) soliciting or selling to named clients she represented while employed by Acosta. Was granting the temporary injunction to enforce the non-solicitation provision in question an abuse of di... More...   $0 (02-07-2018 - OK)

A.V. Avington, Jr. v. Indian Health Care Resource Center of Tulsa

Northern District of Oklahoma Federal Courthouse
Tulsa, Oklahoma

Plaintiff A.V. Avington, Jr., proceeding pro se, filed a civil rights complaint
accusing the Indian Health Care Resource Center of race and age discrimination, as well
as intentional infliction of emotional distress, under a theory of respondeat superior.
Plaintiff alleged that when he entered the Center as a walk-in patient, he was made to
* This order is not binding precedent, ex... More...
   $0 (02-20-2018 - OK)

United States of America v. Jason Marc Janatsch

Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Jason Janatsch worked as a freelance babysitter and occasional daycare
employee. He was indicted for taking sexually explicit pictures of himself with a
toddler. After he pleaded guilty to the charges, the court sentenced him to 360
months in prison and required him to pay a $5,000 special assessment pursuant to
18 U.S.C. § 3014(a)(3), a provision applicable to “any non-indigent pe... More...
   $0 (01-30-2018 - OK)

Proctor Andrew Young v. City of Idabel; Mayor Tina Foshee-Thomas





Proctor Andrew Young was the fire chief of Idabel, Oklahoma for five
years. In 2013, he was fired for allegedly breaking municipal personnel policies.
Mr. Young sued the City of Idabel and Mayor Tina Foshee-Thomas, arguing that
they ignore... More...
   $0 (01-30-2018 - OK)

United States of America v. Everett B. Robinson

Tenth Circuit Courthouse - Denver, Colorado

In 2007, Everett Bernard Robinson was sentenced to 180 months’
imprisonment under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), for
being a felon in possession of a firearm and ammunition in violation of 18 U.S.C.
§ 922(g)(1). He unsuccessfully pursued a direct appeal and relief under 28 U.S.C.
§ 2255. After the Supreme Court decided Johnson v. United States, 135 S. Ct.... More...
   $0 (01-10-2018 - OK)

UNITED STATES OF AMERICA v. RICHARD ELBERT TURLEY

United States Court of Appeals for the Tenth Circuit

In 1964 the government entered into a 20-year lease with Turley for property in
Henryetta, Oklahoma (the Property) to be used as a post office. The lease provided
options to renew for six additional five-year terms and included an option to purchase at
the end of each renewal term. Written notice of renewal was due 90 days before the new
... More...
   $0 (12-30-2017 - OK)

United States of America v. Daminion T. Titties, a/k/a Damion Tyrone Tittle, a/k/a Damion Tyson Tittles, a/k/a Capone

Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

Daminion T. Titties pleaded guilty to being a felon in possession of a firearm.
See 18 U.S.C. § 922(g)(1). His plea agreement explained that the maximum statutory
sentence for this crime is 10 years, see id. § 924(a)(2); however, if the Armed Career
Criminal Act (“ACCA”) applies, the maximum statutory sentence is 15 years to life
imprisonment, see id. § 924(e)(1). The district cour... More...
   $0 (11-14-2017 - OK)

Steven Wormald and Elizabeth Anne Wormald v. Norman Villarina, Doug Wertheimer, Aaron Snegg and McGuffy Credit Facility 1, L.L.C.

Fort Bend County Courthouse - Richmond, Texas

This accelerated appeal of the granting of three special appearances arises out of a borrower-lender dispute. After the lender, a limited liability company, brought a collection suit against the borrowers and guarantors, the guarantors filed a counterclaim against the lender and filed various claims against others. The
2
guarantors now challenge the trial court’s granting of the special ap... More...
   $0 (10-27-2017 - OK)

Randall Silver v. Christine Annette Slusher

¶1 The dispositive issue is whether the terms of 36 O.S. 1981 § 3636 1 impose an affirmative duty upon insurers to provide an explanation of uninsured motorist coverage [UMC] to the named insureds as an indispensable precondition for a statutorily effective rejection. We answer in the negative.

¶2 Randall and Mikala Silver [insureds or the Silvers] were named insureds of an automobile ins... More...
   $0 (02-28-1989 - OK)

Donna White v. Nancy A. Berryhill

Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

Donna White seeks reversal of the district court’s judgment upholding the
decision of an administrative law judge (ALJ) to deny her application for social
security disability benefits.1 We have jurisdiction under 28 U.S.C. § 1291 and
* After examining the briefs and appellate record, this panel has determined
unanimously to honor the parties’ request for a decision on the briefs wi... More...
   $0 (10-10-2017 - OK)

Roberts v. Boydston

¶0 1. BILLS AND NOTES--Failure of consideration as defense as between original parties to note.
As between the original parties to a note the consideration for the note may always, in the absence of an estoppel, be inquired into, and a total failure of consideration constitutes a complete defense.
2. SAME--Failure of consideration as question for jury.
The question of failure of consid... More...
   $0 (12-12-1939 - OK)

Douglas v. Douglas

¶0 1. CONTRACTS - Failure to comply with promises to give mortgage is not "failure of consideration" such as to authorize rescission of deed.
The mere failure of a grantee to perform an agreement to execute a mortgage in the future to secure payment of the purchase price of land, which agreement formed the whole or a part of the consideration inducing the execution of a deed to the land, is no... More...
   $0 (12-23-1947 - OK)

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