South Texas Lumber Co. v. Epps
Supreme Court of Oklahoma
Error from, District Court, Jefferson County; Frank M. Bailey, Judge. Action by the South Texas Lumber Company against C. C. Epps and another for balance due for material sold and for foreclosure of a lien.
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Error from, District Court, Jefferson County; Frank M. Bailey, Judge. Action by the South Texas Lumber Company against C. C. Epps and another for balance due for material sold and for foreclosure of a lien. A personal judgment only was rendered against defendants, execution was levied on the property on which the lien was claimed, the property was sold, and confirmation of sale, being opposed by A. R. Arnold, as owner of the property, was denied and the sale set aside, and plaintiff brings error.
1Opinion of the Court
Opinion by
MATHEWS, C.
The facts in this case are undisputed and show that the South Texas Lumber Company, who will herein be styled as plaintiff, in February, 1909, sold to Epps and wife, who then owned a certain lot in the town of Hastings, certain building material- for the purpose of erecting a dwelling house on said lot. On the 9th day of May, 1911, plaintiff filed suit against Epps and wife for a balance due for said material in the sum of $281.31, and alleged in its petition that it had a lien on the lot for said sum, and asked for judgment foreclosing said lien and for an order of sale…
2Cases cited16 opinions
- Center v. P. & M. BankSupreme Court of Alabama · 1853
- Austin v. UnderwoodIllinois Supreme Court · 1865
- Heuisler v. NickumCourt of Appeals of Maryland · 1873
- Eyster v. HathewayIllinois Supreme Court · 1864
- Cogel v. MickowSupreme Court of Minnesota · 1866
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3Cited by8 opinions
- Bryan v. Orient Lumber & Coal Co.Supreme Court of Oklahoma · 1916
- Atlas Supply Co. v. BlakeSupreme Court of Oklahoma · 1915
- Harper v. Aetna Bldg. & Loan Ass'nSupreme Court of Oklahoma · 1922
- Kleindorfer v. Dascomb-Daniels Lbr. Co.Supreme Court of Oklahoma · 1924
- National Dairy Products Corporation v. CarpenterSupreme Court of Missouri · 1959
3 more not listed; retrieve them via the Exa API.