Isbell v. Walton Trust Co.
Supreme Court of Oklahoma
Error from District Court, Craig County; Preston S. Davis, Judge. Action by the Walton Trust Company, a corporation, against Thomas J. Isbell and others. Judgment for plaintiff, and defendants bring error.
1Opinion of the CourtKane, J.
This was an action upon a promissory note and to foreclose a real estate mortgage given to secure the payment thereof, commenced by the defendant in error, plaintiff below, against the plaintiffs in error, defendants below.
There was no dispute as to the validity of the note or mortgage, or that the plaintiff was entitled to recover the amount of the note with interest thereon, according to its terms, up to its due date, but defendant Funk, who purchased the land after the note and mortgage were executed, contends that before the note became due he made a tender of the full amount due thereon…
2Cases cited2 opinions
- Enid Conservative Inv. Co. v. PorterSupreme Court of Oklahoma · 1914
- McCauley v. LeavittUtah Supreme Court · 1894
3Cited by3 opinions
- Damet v. Aetna Life Ins. Co.Supreme Court of Oklahoma · 1919
- State ex rel. Com'rs of Land Office v. WoodSupreme Court of Oklahoma · 1949
- Atchison, T. & S. F. Ry. Co. v. Tulsa Rig, Reel & Mfg. Co.Supreme Court of Oklahoma · 1923