Malleck v. Thomas

Opinion by

THOMPSON, C.

This action was commenced in the district court of Gar-vin county by O. S. Thomas, defendant in error, plaintiff below, against Louis Malleck and C. F. Worley, sheriff of Garvin county, Okla., plaintiffs in error, defendants below, to cancel a judgment and to enjoin the sale of real estate under execution, issued to satisfy said judgment.

Parties will be referred to in this opinion as plaintiff and defendants, as they appeared in the lower court.

A demurrer to the second cause of action to set aside the judgment was sustained and the cause proceeded to trial upon the first…