Legal Opinion

Krauss Et US. v. Potts

Supreme Court of Oklahoma

Decided April 11, 1916No. 6826PublishedCited by 15 opinions

Error from District Court, Tillman County; Frank Mathews, Judge. Action by David Krauss and wife against James M.' Potts and others. From the judgment, plaintiffs bring error.

1Opinion of the CourtKane, C. J.

This cause 'was before this court upon its merits in Krauss et ux. v. Potts et al., 38 Okla. 674, 135 Pac. 362, where the facts will be found fully stated.

On the former trial the court below found Potts to be an innocent purchaser of the land in controversy, and upon that ground entered judgment in his favor as against the Krausses, although it found in favor of them upon their contention that the instrument executed by them, purporting to be an absolute conveyance of said real estate to one Hetzel, must be deemed to be a mortgage. This court did not disturb the finding of the trial court…

2Cases cited3 opinions

  1. Oklahoma City Electric, Gas & Power Co. v. BaumhoffSupreme Court of Oklahoma · 1908
  2. Richardson v. PennySupreme Court of Oklahoma · 1900
  3. Krauss Et Ux. v. PottsSupreme Court of Oklahoma · 1913

3Cited by15 opinions

  1. Continental Turpentine & Rosin Co. v. Gulp Naval Stores Co.Mississippi Supreme Court · 1962
  2. State Ex Rel. Marland v. Phillips Petroleum Co.Supreme Court of Oklahoma · 1941
  3. Ft. Dearborn Trust & Sav. Bank v. Skelly Oil Co.Supreme Court of Oklahoma · 1930
  4. Elliott v. DewSupreme Court of South Carolina · 1975
  5. Ford Motor Credit Company v. GoingsCourt of Civil Appeals of Oklahoma · 1974

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