Binding-Stevens Seed Co. v. Local Building & Loan Ass'n

For convenience the parties will be referred to herein as they appeared in the trial court, in reverse to the order here.

The facts in this case are as follows: J. J. Fabian owned lot 5 in block 5, Owen addition to the city of Tulsa. On or about April 8, 1922, the said Fabian, joined in by his wife, gave a .mortgage to the Local Building & Loan Association on said lot in the sum of $2,000. In August, 1020, the city made a change of grade in front of this property by erecting on its street a viaduct or overpass. No trespass was made on the property nor was any portion of the lot taken. The city…