Wadleigh v. Parker Et Ux.
Supreme Court of Oklahoma
Error from District Court, Mayes County; T. L. Brown,, Judge. Action by G. A. Wadleigh, administrator of the estate of Geo. A. Wadleigh, against D. C. Parker and Nannie E. Parker, his wife. Judgment for defendants, and plaintiff brings error.
1Opinion of the Court
Opinion by
AMES, C.
This action was brought in the district court of Mayes county to recover a judgment on a note and a decree foreclosing a real estate mortgage, which was executed to secure the note. The only defense necessary to state is usury, and, as the note was an Indian Territory contract, the effect of usury was to forfeit the entire indebtedness. A jury was waived and the issues were tried to the court. The plaintiff offered in evidence the note and mortgage and his letters of administration, and on cross-examination of the plaintiff the defendant introduced in evidence a note for…
2Cases cited4 opinions
- Merchants' & Planters' Nat. Bank v. HortonSupreme Court of Oklahoma · 1911
- Cunningham v. PhillipsSupreme Court of Oklahoma · 1896
- Nunnally v. BeckerSupreme Court of Arkansas · 1889
- Aetna Building & Loan Ass'n v. RandallSupreme Court of Oklahoma · 1909
3Cited by12 opinions
- Lindsey v. GoodmanSupreme Court of Oklahoma · 1916
- Pancoast v. EldridgeSupreme Court of Oklahoma · 1932
- Barrows v. AlfordSupreme Court of Oklahoma · 1928
- Berry v. JanewaySupreme Court of Oklahoma · 1952
- Leonard v. PrenticeSupreme Court of Oklahoma · 1935
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