Craggs v. Earls
Supreme Court of Oklahoma
Error from the District Court of Pottawatomie County; before B. F. Burwell, District Judge. Action by Elijah Earls against John Craggs and another. Judgment for plaintiff, and defendants bring error. STATEMENT OP THE CASE. The plaintiffs in error purchased of Earls a tract of land near Earlsboro, in Pottawatomie county, Oklahoma, and Earls conveyed the land by warranty deed to H. E. Craggs, at the request of John Craggs.
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Error from the District Court of Pottawatomie County; before B. F. Burwell, District Judge. Action by Elijah Earls against John Craggs and another. Judgment for plaintiff, and defendants bring error. STATEMENT OP THE CASE. The plaintiffs in error purchased of Earls a tract of land near Earlsboro, in Pottawatomie county, Oklahoma, and Earls conveyed the land by warranty deed to H. E. Craggs, at the request of John Craggs. The consideration agreed upon was $1,600, and the Craggs agreed to assume a prior mortgage of $400 and accrued interest, pay $300 in cash, give a note for $100, and deliver…
1Opinion of the Court
■Opinion of the court by
Burford, C. J.:
The first contention by plaintiffs in ■error is that Earls could not recover or enforce a vendor’s lien until he had surrendered possession of the land. If this were an action to enforce specific performance of a contract, this contention would probably be well founded. But we do not think the right of the plaintiff, Earls, to recover balance of purchase money was at all dependent upon the question of possession. The debt was due, and it was unpaid. This gave him a right of action. The value of the possession was a legitimate matter of counter-claim or…
2Cited by13 opinions
- McCann v. McCannSupreme Court of Oklahoma · 1909
- Easterling v. FerrisSupreme Court of Oklahoma · 1982
- City of Chickasha v. LooneySupreme Court of Oklahoma · 1912
- Rader v. Star Mill & Elevator Co.Court of Appeals for the Eighth Circuit · 1919
- Sarah Sitlington and Thomas O. Sitlington v. Robert Fulton and Ruby May FultonCourt of Appeals for the Tenth Circuit · 1960
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