Tibbits v. Miller
Supreme Court of Oklahoma
Error from the District 'Court of Pawnee County; before Bayard T. Eainer, District Judge. STATEMENT OP THE CASE. This was an action brought by the plaintiffs in. error, plaintiffs below, in the district court of «Pawmee oounty, to obtain a permanent injunction against the defendants in error, restraining them from the sale of- the, neal estate described in the petition, under an execution issued from the court.
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Error from the District 'Court of Pawnee County; before Bayard T. Eainer, District Judge. STATEMENT OP THE CASE. This was an action brought by the plaintiffs in. error, plaintiffs below, in the district court of «Pawmee oounty, to obtain a permanent injunction against the defendants in error, restraining them from the sale of- the, neal estate described in the petition, under an execution issued from the court. A temporary restraining order was al lowed, and process issued thereon. A general demurrer was filed to the petition, which was sustained, and upon thi-s order of the district court…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
The petition, which is sworn to by one-of the plaintiffs, avers that on'or about June 18, 1896, the Jordans executed to Miller -and Alliger, the defendants, a note and mortgage, which this plaintiff “is informed 'and believes was given without considera Lion and for the purpose of defrauding creditors, and that he-therefore alleges the same to he a fact, on information and belief.” If this averment is true, the judgment, of course, is void, and the execution of it should be restrained.
But it is contended by the defendant in error that the averment is not…
2Cases cited1 opinion
- Lee v. ClarkSupreme Court of Georgia · 1872
3Cited by2 opinions
- KENT v. CITY OF OKLAHOMA CITYCourt of Civil Appeals of Oklahoma · 2020
- People v. MancusoNew York Court of Appeals · 1931