Legal Opinion

Merritt v. Park Nat. Bank of Sulphur

Supreme Court of Oklahoma

Decided February 3, 1920No. 9593PublishedCited by 9 opinions

Error from District Court, Pontotoc County; Geo. C. Crump, Assigned Judge. Action by the Park National Bank of Sul-phur against T. E. Merritt and another upon a promissory note and to foreclose real estate mortgage. Judgment in favor of plaintiff, from which there was no appeal. Defendants brought suit to set aside judgment, which the court refused to do, and from which defendants appeal.

1Opinion of the CourtHiggins, J.

The plaintiffs in error will, be referred to as defendants, and the defendant in error bank will be referred to as plaintiff, they so appearing in the trial court.

The plaintiff sued defendants upon a promissory note executed by them in the sum of?1,150, and to foreclose a real estate mortgage giyen to secure payment of the same. The defendants pleaded various reasons why the plaintiff should not recover. The judgment of the trial court was in favor of the-plaintiff on both the note and mortgage. There was no appeal from this judgment. The real estate covered by the mortgage was by the sheriff…

2Cases cited3 opinions

  1. Gillespie v. Fulton Oil & Gas Co.Illinois Supreme Court · 1908
  2. McCray v. Miller &8212 Bland v. BlandSupreme Court of Oklahoma · 1919
  3. Steele v. RobertsonSupreme Court of Arkansas · 1905

3Cited by9 opinions

  1. Jones, Givens, Gotcher & Bogan, P.C. v. BergerSupreme Court of Oklahoma · 2002
  2. Harris v. Cherokee State Bank of LenapahSupreme Court of Oklahoma · 1921
  3. Myers v. CarrSupreme Court of Oklahoma · 1935
  4. Storm v. GarnettSupreme Court of Oklahoma · 1924
  5. Orwig v. CloudSupreme Court of Oklahoma · 1925

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