Legal Opinion

Alexander v. American Nat. Bank

Supreme Court of Oklahoma

Decided November 16, 1915No. 5272PublishedCited by 7 opinions

Error from District Court, Oklahoma County; Geo. W. Clark, .Judge. Action by the American National Bank against John S. Alexander and others. Judgment for plaintiff, and defendants bring error.

1Opinion of the Court

Opinion by

RITTENHOUSE, C.

The sole question presented by this record arises under section 5177, Rev. Laws 1910, which provides:

“* * * In all cases where real estate has been or may hereafter be taken on execution and appraised and twice advertised and offered for sale, and shall remain unsold for the want of bidders it shall be the duty of the court from which such execution issued, on motion of the plaintiff, to set aside such appraisement and order a new one to be made. * * *”

The original judgment was rendered September 23, 1911, and an order of sale was issued, and the property under…

2Cases cited3 opinions

  1. Burkett v. ClarkNebraska Supreme Court · 1895
  2. Beardsley v. HigmanNebraska Supreme Court · 1899
  3. Kline v. CampSupreme Court of Kansas · 1892

3Cited by7 opinions

  1. Johnson v. Bearden Plumbing & Heating Co.Supreme Court of Oklahoma · 1937
  2. Guaranty Bank of Oklahoma City v. GalbreathSupreme Court of Oklahoma · 1924
  3. Hewitt v. VoilsSupreme Court of Oklahoma · 1931
  4. Rodolf v. First Nat. Bank & Trust Co.Supreme Court of Oklahoma · 1938
  5. Miller v. American Bank & Trust Co.Supreme Court of Oklahoma · 1935

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