Sterrett v. Inter-State Trust Co.

On Rehearing.

RILEY, J..On rehearing it is contended that the opinion herein is in conflict with Green v. Struble, 122 Okla. 219, 253 Pac. 1010, in that herein the loan contract was held not admissible as against subsequent purchasers of the mortgaged land, whereas in the cited case it was held error not to admit the loan contract in evidence as against such subsequent purchasers of such land, as tending to prove agency. In the cited case it was said in reference to the loan contract:

“It was subject to recordation under section 5260, O. O. S. 1921, and in legal contemplation an 'instrument…