McCammon v. Jenkins
Supreme Court of Oklahoma
Error from District Court, Logan County; Action by Sarah M. McCammon against Della W. and William M. Jenkins on promissory notes and for foreclosure of mortgage. Judgment for plaintiff on notes and for defendants denying foreclosure, from which plaintiff brings error. Plaintiff in error brought this action in August, 1911, against the defendant Della W. Jenkins, as maker, and the defendant Wm.
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Error from District Court, Logan County; Action by Sarah M. McCammon against Della W. and William M. Jenkins on promissory notes and for foreclosure of mortgage. Judgment for plaintiff on notes and for defendants denying foreclosure, from which plaintiff brings error. Plaintiff in error brought this action in August, 1911, against the defendant Della W. Jenkins, as maker, and the defendant Wm. M. Jenkins, the husband of the maker, as a claimant of an interest in the mortgaged property, upon two promissory notes and a mortgage dated June 7, 1910. The notes are for the principal sum of $2,000…
1Opinion of the Court
Opinion by
THACKER, C.
(after stating the facts as above). The facts are as above stated.
When a homestead character once attaches to property, it will continue to be the homestead until abandoned by a going away therefrom with the definite intention never to return. 21 Cyc. 579; Sykes v. Speer (Tex. Civ. App.) 112 S. W. 426; In re Presnall (D. C.) 167 Fed. 406.
And an intent never to return if the occupants going away from it can realize their desires and expectations elsewhere, and thereupon sell their homestead, being conditional, is not sufficient.
Abandonment is a question of fáct in which…
2Cases cited18 opinions
- Gouhenant v. CockrellTexas Supreme Court · 1857
- Cross v. EvertsTexas Supreme Court · 1866
- Shepherd v. CassidayTexas Supreme Court · 1857
- Whelan v. AdamsSupreme Court of Oklahoma · 1914
- Alton Mercantile Co. v. SpindelSupreme Court of Oklahoma · 1914
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- McCray v. Miller &8212 Bland v. BlandSupreme Court of Oklahoma · 1919
- Elliott v. BondSupreme Court of Oklahoma · 1918
- German State Bank of Elk City v. PtachekSupreme Court of Oklahoma · 1918
- Japp v. Sapulpa State BankSupreme Court of Oklahoma · 1923
- Grieves v. State Ex Rel. County Atty.Supreme Court of Oklahoma · 1934
17 more not listed; retrieve them via the Exa API.