Emery v. Goff

This appeal requires the construction of an opinion handed down by this court on March 25, 1947, in Emery v. Goff, 198 Okla. 534, 180 P. 2d 174. A. L. Emery has appealed from an order and judgment of the district court of Okmulgee county entered October 6, 1947, denying a written tender by him on July 10, 1947, of the sum of $800 in payment for the interest of Goff in 160 acres of land which was involved in a partition action in which the original judgment was rendered in 1931.

In order to understand the issues involved in the present appeal, we deem it necessary to give a brief summary of the…