Magin v. Bovaird

1 Citing case

  1. Powell v. Moore

    231 P.2d 695 (Okla. 1951)   Cited 11 times

    Where one clothes another with apparent title to property and permits another to appear as the owner thereof, and participates in the transaction of making the sale, but remained silent as to his ownership, he is estopped to assert title to or power over the property, or to deny the title of the ostensible owner. 31 C.J.S., Estoppel, § 104; 19 Am.Jur., Estoppel, § 129 et seq., Magin v. Bovaird, 198 Okla. 77, 175 P.2d 333, Annotations 50 A.L.R. 696 et seq. The evidence is ample to sustain the finding of the trial court that at all times the defendant B.E. Davis conducted all the negotiations, leading to the granting, execution and delivery of the option agreement to plaintiffs; that Davis was the equitable owner of the property, but that plaintiffs knew nothing about such ownership; that the making of the option, execution and delivery thereof, and the acceptance of the sum of One Dollar ($1) therefor, estopped Davis from complaining or requiring that said option be signed by him; that by clothing his daughter, Dorothy Powell, with legal title, and having her and her husband execute the option agreement, he may not now complain, and any rights he has, if any, are subject to the rights of plaintiffs.