McLain Land & Investment Co. v. Swofford Bros. Dry Goods Co.
Supreme Court of Oklahoma
Error from the District Court of Kingfisher County; before G. F. Irwin, Trial Judge: STATEMENT OE FACTS. After judgment of foreclosure in favor of SwofEord Brothers Dry Goods company, an order of sale thereupon, and notice of sale having been published in the regular entire issue of every number of a weekly newspaper of general circulation in the county for five weeks, beginning upon the 7th day of December, 1899, and successively thereafter until and including the 4th day…
Read the full summary
Error from the District Court of Kingfisher County; before G. F. Irwin, Trial Judge: STATEMENT OE FACTS. After judgment of foreclosure in favor of SwofEord Brothers Dry Goods company, an order of sale thereupon, and notice of sale having been published in the regular entire issue of every number of a weekly newspaper of general circulation in the county for five weeks, beginning upon the 7th day of December, 1899, and successively thereafter until and including the 4th day of January, 1900, the property was sold upon the 9th day of January, 1900, the Swofford company, plaintiffs below, being…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
No counter affidavits having been introduced in behalf of the defendant in error, it may be stated that the price paid at the sale was grossly inadequate.
We understand the law to be that gross inadequacy of price at a sheriff’s sale will be sufficient to avoid the sale, if slight additional circumstances be shown which will support or justify the court in taking such action; but these circumstances must be such as that the court may see that the plaintiff in error has been under some kind of legal or other restraint which has prevented him from attending the…
2Cited by12 opinions
- Duncan v. EckSupreme Court of Oklahoma · 1917
- Wheeler & Motter Mercantile Co. v. WrightSupreme Court of Oklahoma · 1917
- Kline v. EvansSupreme Court of Oklahoma · 1924
- Oklahoma Farm Mortgage Co. v. HatcherSupreme Court of Oklahoma · 1925
- Crouch v. CrouchSupreme Court of Oklahoma · 1916
7 more not listed; retrieve them via the Exa API.