Title Examination Standards
Chapter 1, App.
Chapter 35. Miscellaneous
§35.2. Servicemembers' Civil Relief Act.

The Servicemembers' Civil Relief Act, and amendments thereto, are solely for the benefit of those in military service; and, if the court has presumed to take jurisdiction and there is nothing in the record that would affirmatively indicate that any party affected by the court proceedings was in military service, the form of the affidavit as to military service or its entire absence from the record does not justify the rejection of the title.

Authority: Hynds v. City of Ada ex rel. Mitchell, 1945 OK 167, 158 P.2d 907 (1945); Wells v. McArthur, 1920 OK 96, 188 P. 322 (1920); State ex rel Commissioners of the Land Office v. Warden, 1946 OK 155, 168 P.2d 1010 (1946); Snapp v. Scott, 1946 OK 114, 167 P.2d 870 (1946).

History: Adopted as E, October 31, 1947, 18 O.B.A.J. 1750, 1751 (1947); became 9 on renumbering in 1948, 19 O.B.A.J. 223, 224-25 (1948); became 35.2 on renumbering in 1996.

The Title Examinations Standards Committee recommended amending Standard 35.2 to reflect the change in the title onf the applicable legislation and to update the citations of authority for this standard. The Real Property Law Section approved, November 8, 2007, and the House of Delegates adopted the proposal November 9, 2007. The Title Examination Standards Committee recommended Title Standard 35.2 be amended to accurately reflect the provisions of the legislation which underlies this Standard and to update the applicable authority. The Real Property Law Section approved, November 5, 2009, and the House of Delegates adopted the proposal November 6, 2009. (superseded document available)