Legal Opinion

Haynes v. Gaines

Supreme Court of Oklahoma

Decided October 14, 1919No. 9484PublishedCited by 13 opinions

Error from District Court, Love County; IV. F. Freeman, Judge. Action by Wilburn Gaines against Clotilde B. Hajmes and another, as executors of the estate of R. H. Haynes, deceased, and Will Riley, to have a deed decreed to be a mortgage. From judgment for plaintiff, the defendants bring error. Upon the death of plaintiff, cause revived in the name of his heirs.

1Opinion of the CourtKane, J.

This was an action commenced by the defendant in error, plaintiff below, against the plaintiffs in error, defendants below, wherein it was prayed that numerous instruments affecting the land in controversy purporting to be absolute conveyances, shall be deemed to be mortgages and foreclosed as such. Hereafter, for convenience, the parties will be designated “plaintiff” and “defendants” respectively, as they appeared in the trial court.

Defendants Haynes and Riley answered jointly by general denial; pleaded sale and purchase of the lands in controversy under mortgage foreclosure against…

2Cases cited2 opinions

  1. Winemiller v. PageSupreme Court of Oklahoma · 1919
  2. Weiseham v. HockerSupreme Court of Oklahoma · 1898

3Cited by13 opinions

  1. Clinton v. Utah Construction Co.Idaho Supreme Court · 1925
  2. First Nat. Bank of Ada v. ElamSupreme Court of Oklahoma · 1927
  3. Lamb v. AlexanderSupreme Court of Oklahoma · 1921
  4. State Ex Rel. Shull v. MooreSupreme Court of Oklahoma · 1933
  5. Tracy v. NorvellSupreme Court of Oklahoma · 1921

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