Routh v. Fitzgibbon
Supreme Court of Oklahoma
Error from District ‘Court. Cherokee County; John H. Pitchford, Judge. Proceeding between William H. Ford and others and Ada-P. Barnett and others,. consolidated with proceedings between Ida M. Fitzgibbon and William H. Ford and others. From that part of the decree canceling a note and mortgage given by Ford and wife to Avery D. Routh as guardian of Ada P. Barnett, a minor, Routli brings error.
1Opinion of the CourtSharp, J.
The proceedings in error, as shown by the record, belong to that unfortunate class of cases in which one of two innocent parties must suffer from the fraud of a third, and it.is also an illustration of the evils of 'tile practice, so constantly condemned by the courts, but apparently so inveterate in business, of the same person being employed as agent by separate parties, whose interests are, or at any moment may become, adverse. The legal principles by which such controversies are to he settled are perfectly clear, but require much care mi their application.
There is no dispute as to the…
2Cases cited4 opinions
- Pepper v. Cairns, Pennsylvania Court of Common Pleas, Philadelphia County1890
- Knox County v. GogginSupreme Court of Missouri · 1891
- Englemann v. ReuseMichigan Supreme Court · 1886
- Owings v. HowingtonSupreme Court of Oklahoma · 1911