Legal Opinion

Willis v. Nowata Land and Cattle Co., Inc.

Supreme Court of Oklahoma

Decided October 31, 1989No. 64719PublishedCited by 57 opinions

1Opinion of the Court

OPALA, Vice Chief Justice.

The dispositive issue for decision in this postconfirmation stage of foreclosure suit is whether there was error in denying mortgagor’s (borrower’s) quest for credit in the amount of insurance proceeds previously decreed to the lender (mortgagee). We answer in the negative and hold that the claimed indemnity payment for a fire loss is not available as credit on the judgment against borrower for the balance of its mortgage debt.

THE ANATOMY OF LITIGATION

In a foreclosure suit against Nowata Land and Cattle Company and John Gilmar-tin [collectively called borrower], in…

2Cases cited23 opinions

  1. Hulsey v. Mid-America Preferred Insurance Co.Supreme Court of Oklahoma · 1989
  2. Horizons, Inc. v. Keo Leasing Co.Supreme Court of Oklahoma · 1984
  3. Reeves v. AgeeSupreme Court of Oklahoma · 1989
  4. Veiser v. ArmstrongSupreme Court of Oklahoma · 1984
  5. Mobbs v. City of LehighSupreme Court of Oklahoma · 1982

18 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. Neil Acquisition, L.L.C. v. Wingrod Investment Corp.Supreme Court of Oklahoma · 1996
  2. Akin v. Missouri Pacific RailroadSupreme Court of Oklahoma · 1998
  3. Bivins v. State Ex Rel. Oklahoma Memorial HospitalSupreme Court of Oklahoma · 1996
  4. Toxic Waste Impact Group, Inc. v. LeavittSupreme Court of Oklahoma · 1994
  5. Wright v. Grove Sun Newspaper Co., Inc.Supreme Court of Oklahoma · 1994

52 more not listed; retrieve them via the Exa API.

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