Opinion

Welborn v. Whitney

190 Okla. 630
126 P.2d 263
1942 OK 142
1942 Okla. LEXIS 168

Court: Supreme Court of Oklahoma
Filed: Apr 7, 1942
Status: Published
Author: Corn
On the bench: Bayless, Osborn, Riley, Gibson, Roberts, Bay-Less, Arnold, Welch, Corn, Hurst, Honorable, Wewoka
Cited by: 31 cases

The opinion

CORN, -V. C. J.

(dissenting). Because of the plain words of the statute, 68 O. S. 1941 § 452:

“. . . and to defeat the deed it

must be clearly

plead and

clearly proven

that some one of the above named six requisites was

wholly omitted

and

not done

and a showing that any one or all of them was irregularly done

will not be sufficient

to defeat the deed”

—I dissent.

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