Hess v. Trigg
Supreme Court of Oklahoma
Error from the District Court of Canadian Countyj before-John C. Tarsney, District Judge. STATEMENT OP THE CASE. Action by W. W. Trigg and William H. Trigg against. Caroline Hess and Louis Hess on a promissory note and for the foreclosure of a mortgage upon real estate given to secure the payment of the debt -evidenced by the note. The mortgage purports to have been given by the plaintiff in error and her husband and co-defendant, Louis-Hess.
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Error from the District Court of Canadian Countyj before-John C. Tarsney, District Judge. STATEMENT OP THE CASE. Action by W. W. Trigg and William H. Trigg against. Caroline Hess and Louis Hess on a promissory note and for the foreclosure of a mortgage upon real estate given to secure the payment of the debt -evidenced by the note. The mortgage purports to have been given by the plaintiff in error and her husband and co-defendant, Louis-Hess. She denied, under oath, the execution of either the note or the mortgage sued upon, and this presented the issue. The acknowledgment is in the…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
It is contended by the plaintiff in error that the acknowledgement wais not in compliance with the statute. The acknowledgement was made, if at all, under the statutes of Oklahoma of 1890, which were reenacted in the Statutes of 1893. It is provided in section 10, ch. 21, p. 378, Statutes 1893, title “Conveyances,” that, “if any one signs the instrument acknowledged by mark, the officer taking the acknowledgement shall in addition to the above form, also certify that he read the instrument over to the party, so signing by mark, and explained the contents…
2Cases cited1 opinion
- Gray v. UlrichSupreme Court of Kansas · 1871
3Cited by5 opinions
- Hunter, County Treasurer v. State City of ShawneeSupreme Court of Oklahoma · 1916
- Lankford v. First National Bank of LawtonSupreme Court of Oklahoma · 1919
- Garton Et Ux. v. Hudson-Kimberly Publishing Co.Supreme Court of Oklahoma · 1899
- Nichols v. BJ Fox Enterprises, Inc. (In Re Nichols)Bankruptcy Appellate Panel of the Tenth Circuit · 2001
- Cassidy v. BonnerCourt of Appeals for the Tenth Circuit · 1931