Tindel v. Williams

1 Citing case

  1. James v. Unknown Trustees

    203 Okla. 312 (Okla. 1950)   Cited 27 times
    In James it was held that judicial notice would not be taken of records in another case in the same court for the purpose of passing on the sufficiency of plaintiff's petition to which defendant had demurred on the grounds (1) it failed to state a cause of action but (2) if it did the cause had been previously adjudicated in an earlier lawsuit.

    Defendants under proposition III urge and argue that intoxication of plaintiff is no defense, even conceding that plaintiff was intoxicated, and therefore incompetent and did not recognize his acts at the time he executed the mineral deed conveying all his interest to the Three-In-One Oil Gas Company, it was his duty to have rescinded same within a reasonable time after the recovery of his senses. Citing and relying on Deasy v. Taylor, 39 Cal.App. 235, 178 P. 538; Taylor v. Koenigstein, 128 Neb. 809; 260 N.W. 544; Coody v. Coody, 39 Okla. 719, 136 P. 750; Miller v. Howard, 76 Okla. 237, 184 P. 773; Tindel v. Williams, 187 Okla. 482, 103 P.2d 551. We have carefully considered these cases and find nothing in them in conflict with the allegations in plaintiff's petition, wherein he alleged, among other things, that within a period of two years after learning of the facts relative to the conveyance to the Three-In-One Oil Gas Company, he brought action to cancel same, which, if true, would be within a reasonable time.