Midland Savings & Loan Co. v. Sutton

Opinion by

LOGSDON, C.

' This is the third time this case had been before this court on appeal. On the first hearing it was determined that Swan was the agent of plaintiff to receive payment of the mortgage debt, and the judgment of the trial court cancelling plaintiff’s mortgage was affirmed. (Midland Savings & Loan Co. v. Sutton et al., 30 Okla. 448, 120 Pac. 1007.) Upon the (second appeal (Midland Savings & Loan Co. v. Sutton et al., 55 Okla. 84, 154 Pac. 1133) the law of the case was further settled and determined in the following language:

“To state it concisely, we hold that, at the…