Legal Opinion
Higbee v. Aetna Bldg. & Loan Ass'n
Supreme Court of Oklahoma
Decided May 10, 1910No. 437PublishedCited by 13 opinions
Error from the District Court, Logan County; A. H. Iluston, Judge. Action by the Aetna Building & Loan Association against Charles II. Higbee. Judgment for plaintiff, and defendant brings error.
1Opinion of the CourtWilliams, J.
The plaintiff in error claimed title to the real estate covered by the mortgage of the defendant in error by virtue of a deed from a trustee in bankruptcy. Said deed recites:
“ * * * The sale of said property was ordered by the referee aforesaid to be made at public auction, by said trustee, in the town of Coyle, Oklahoma, at eleven o’clock a. m. on the 27th day of October, 1903; that the real estate hereinafter described should be sold subject to a certain mortgage for the sum of one thousand dollars held by the Aetna Building & Loan Association, and free and clear of and from all other liens…
2Cases cited11 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Hill v. Alliance Building Co.South Dakota Supreme Court · 1894
- Pritchett v. MitchellSupreme Court of Kansas · 1876
- Stephens v. MuirIndiana Supreme Court · 1856
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- De Watteville v. SimsSupreme Court of Oklahoma · 1914
- Deming Inv. Co. v. ReedSupreme Court of Oklahoma · 1919
- Midland Savings & Loan Co. v. NeighborSupreme Court of Oklahoma · 1916
- First State Bank of Pond Creek v. Bank of JeffersonSupreme Court of Oklahoma · 1925
- Industrial Bldg. & Loan Ass'n v. WilliamsSupreme Court of Oklahoma · 1928
8 more not listed; retrieve them via the Exa API.