Zufall v. Peyton
Supreme Court of Oklahoma
Error from District Court, McIntosh■ County; Erodio B. Cole, Judge. Action by Margaret Zufal], administratrix of Oscar 0. Zufall, or Otto Zufall, deceased, against Masterson Peyton. From a judgment in favor of defendant, plaintiff brings error. On necessary pleading for rescission: Pugh v. Stigler, 21 Olda. 854. On applicability of doctrine of caveat emptor; Maupin on Marketable Title to Real Estate, pp. 82, 83; 24 Cyc. pp. 65, 72; Thompson v. Tolmie, 2 Pet. 157.
1Opinion of the CourtKane, J.
This action was commenced by the plaintiff in error, Margaret Zufall, administratrix of the estate of Oscar 0., or Otto, Zufall, deceased, as plaintiff, against Masterson Peyton, the defendant in error, as defendant, for the purpose of foreclos ing a vendor’s lien reserved in an administratrix’s deed executed by the plaintiff to the defendant. The petition alleged, in substance, that the plaintiff is the duly acting administratrix of the estate of said decedent by appointment of the United States court for the Western District óf the Indian Territory, at Muskogee, and that said probate matter…
2Cases cited2 opinions
- Thompson v. TolmieSupreme Court of the United States · 1829
- Pugh v. StiglerSupreme Court of Oklahoma · 1908
3Cited by11 opinions
- Texas Co. v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1935
- Herron v. HarbourSupreme Court of Oklahoma · 1916
- Hammert v. McKnightSupreme Court of Oklahoma · 1928
- International Supply Co. v. Bryan & Emery, Inc.Supreme Court of Oklahoma · 1933
- Beneficial Finance Co. of Tulsa v. WienerSupreme Court of Oklahoma · 1965
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