Whayne v. McBirney

This action was instituted in the district court of Tulsa county by J. R. Whayne, hereinafter referred to as plaintiff, against J. H. Mc-Birney, successor trustee of Exchange National Company, a corporation, hereinafter referred to as defendant, to cancel a mortgage on real estate. The real estate involved is approximately 67 acres in area and consists of 242 lots near the city limits of Tulsa, Okla. The case was tried without the aid of a jury and resulted in the court sustaining a demurrer to the evidence of the plaintiff. Plaintiff has appealed.

The defendant, as successor trustee, acquired…