First National Bank in Dallas, a National Banking Association, and Cross-Appellee v. F. McQueen Rozelle, and Cross-Appellant

HOLLOWAY, Circuit Judge.

This diversity action by the bank seeks recovery on several notes and foreclosure against defendant Rozelle’s interest in oil and gas leaseholds and personal property thereon in Hughes County, Oklahoma. The trial court denied foreclosure, holding that a proper tender had been made on the indebtedness secured by the mortgage and that other indebtedness asserted by the bank was not covered by the mortgage, or had been paid. Recovery was also denied on Rozelle’s counterclaim for damages arising from allegedly wrongful refusal to release the mortgage on proper tender. Both…