Betts v. Mills
Supreme Court of Oklahoma
Error from the District Court of Oklahoma County; before James R. Keaton, District Judge. Suit by Milton Mills against Henry Betts and others to foreclose a mortgage. From an order -denying the motion of defendant • J. J. Lowe to set aside the sale, defendants bring error. STATEMENT OF THE CASE. The question in controversy in this case arose in a proceeding in the district court of Oklahoma county to foreclose a mortgage upon lot 18, block 53, of Oklahoma City.
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Error from the District Court of Oklahoma County; before James R. Keaton, District Judge. Suit by Milton Mills against Henry Betts and others to foreclose a mortgage. From an order -denying the motion of defendant • J. J. Lowe to set aside the sale, defendants bring error. STATEMENT OF THE CASE. The question in controversy in this case arose in a proceeding in the district court of Oklahoma county to foreclose a mortgage upon lot 18, block 53, of Oklahoma City. After judgment for debt due from the defendants (plaintiffs in error here,) and for foreclosure, the propterty was on the 5th day of…
1Opinion of the Court
Opinion of the court by
McAtee, J.:
The sole question before the trial court was whether the lot, at the time of. the levy by the' sheriff, was exempt by reason of being the homestead of Lowe. Evidence was offered in behalf of the plaintiffs in error to show that Lowe located upon the lot in question in- April, 1889, and acquired title thereto by a deed from the government; that he built a house, and otherwise improved it, and resided upon it with his wife, who subsequently lost her health; that he was absent from the lot temporarily, and- at various times, until the 7th day of March, 1896,…
2Cases cited8 opinions
- Kitchell v. BurgwinIllinois Supreme Court · 1858
- Harbison v. VaughanSupreme Court of Arkansas · 1884
- Zimmerman v. FrankeSupreme Court of Kansas · 1886
- Greenwood v. Maddox & TomsSupreme Court of Arkansas · 1872
- Rock v. HaasIllinois Supreme Court · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Holmes v. HolmesSupreme Court of Oklahoma · 1910
- Weaver v. First National BankSupreme Court of Kansas · 1907
- Union Trust Co. v. CoxSupreme Court of Oklahoma · 1916
- Funk v. BakerSupreme Court of Oklahoma · 1908
- Greenshaw v. BrownSupreme Court of Oklahoma · 1923
9 more not listed; retrieve them via the Exa API.