Bailey v. State
Supreme Court of Oklahoma
Error from District Court, Caddo County; Will Linn, Judge. Action by the State of Oklahoma against B. S. Bailey, and others, with cross-petitions by defendant M. F. Menefee, and by defendant Bailey. Judgment for defendant Mene-fee, and the State and defendants Bailey and others bring error.
1Opinion of the CourtOwen, J.
This action was brought by the state on a promissory note executed by defendant Bailey, payable to the Anadarko State Bank, and to foreclose a mortgage on 40 acres of land executed to secure the payment of the note. Bailey purchased the 40 acres of land described in the mortgage from O. M. Hite, and executed the note payable to the bank for the purchase price. Prior to this Hite executed a mortgage to the Pitts-burg Investment Company covering this 40 acres and another tract of 80 acres. The deed from Hite to Éailey was a general warranty, without reference to this prior mortgage. Hite…
2Cases cited6 opinions
- Boone v. RobertIllinois Supreme Court · 1889
- Van Eman v. MosingSupreme Court of Oklahoma · 1912
- Briscoe v. HamerSupreme Court of Oklahoma · 1915
- Ward v. Oklahoma State Bank of AtokaSupreme Court of Oklahoma · 1915
- Streeter v. Ponca State BankSupreme Court of Oklahoma · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Engle v. Federal National Mortgage Ass'nSupreme Court of Oklahoma · 1956
- Sooner Federal Savings & Loan Ass'n v. Oklahoma Central Credit UnionSupreme Court of Oklahoma · 1989
- Beardsley v. StephensSupreme Court of Oklahoma · 1928
- Glover v. CornishSupreme Court of Oklahoma · 2016
- Hammons v. GrantArizona Supreme Court · 1924
12 more not listed; retrieve them via the Exa API.