Gourley v. Williams
Supreme Court of Oklahoma
Error from District Court. Cleveland County; B. McMillan, Judge,. Action by J. W. Williams against Austin R. Gourley and others. Judgment for plaintiff, and defendant named brings error.
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Error from District Court. Cleveland County; B. McMillan, Judge,. Action by J. W. Williams against Austin R. Gourley and others. Judgment for plaintiff, and defendant named brings error. This action was one for the foreclosure of a mortgage, and the petition is, in substance, as follows: That on June 20, 1907, the defendants Ira Studebaker and Jennieve Studebaker for a good and valuable consideration executed and delivered to the . plaintiff their written promissory note whereby they promised to pay the plaintiff three years after date $3,000, with interest at the rate of 7 per cent, until…
1Opinion of the Court
DEVEREUX, C.
(after stating the facts as above). This case comes before us by petition in error and transcript, and therefore we can consider only such questions as arise on the record proper. Ballinger v. Von Weise, 32 Okla. 114, 121 Pac. 250.
The first two errors assigned in the petition in error will be considered together, as they both raise the question whether on the face of this record there is error in the judgment in allowing an attorney’s fee of $300, as provided in the mortgage.
In 2 Wiltsie on Mortgage Foreclosure, sec. 1003, it is said:
“It is the general rule that a reasonable…
2Cases cited20 opinions
- President of the Monongahela Bridge Co. v. United StatesSupreme Court of the United States · 1910
- Kellogg v. School District No. 10 Comanche Co.Supreme Court of Oklahoma · 1903
- Tribal Development Co. v. White Bros.Supreme Court of Oklahoma · 1911
- Springstead v. Crawfordsville State BankSupreme Court of the United States · 1913
- Willet v. JohnsonSupreme Court of Oklahoma · 1904
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3Cited by13 opinions
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- Walbridge-Aldinger Co. v. City of TulsaSupreme Court of Oklahoma · 1924
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