Travelers Ins. Co. v. Baker

2 Citing cases

  1. Harvey v. Pribil

    259 P.2d 523 (Okla. 1953)   Cited 3 times
    In Harvey v. Pribil, Okla., 259 P.2d 523, we held that equity, having once attached, in a proper proceeding, will administer complete relief on all questions properly raised by the evidence, regardless of whether or not such question or issues are specifically raised by the pleadings, as equity will not permit a mere form to conceal the real position and substantial rights of the parties.

    The supporting argument is an extended analysis of the basic requirements of a valid gift, and a comparison of the evidentiary facts herein in an effort to show the fulfillment of the requirements of a gift inter vivos. See Travelers Ins. Co. of Hartford, Conn., v. Baker, 182 Okla. 191, 77 P.2d 23; Harmon v. Kerns, 169 Okla. 290, 36 P.2d 898; Anselman v. Oklahoma City Univ., 197 Okla. 529, 172 P.2d 782. Defendant's answer originally plead a promise by plaintiff to convey if defendant would give up her employment and move to plaintiff's home, and that such oral agreement and understanding was sufficient consideration for the conveyance.

  2. Cox v. Clifton

    71 P.3d 48 (Okla. Civ. App. 2003)

    ¶ 6 To sustain a parol gift of real estate, the evidence in support thereof must go further than a mere preponderance; the same must be clear, explicit, and convincing as to every element necessary to constitute such a valid gift. There must be (1) intention to give; (2) delivery; and (3) acceptance. Travelers Ins Co. of Hartford, Conn v. Baker, 1938 OK 150, 182 Okla 191, 77 P.2d 23. ¶ 7 In a case of purely equitable cognizance, the trial court's judgment will not be disturbed on appeal unless clearly against the weight of the evidence.