Price Et Ux. v. Citizens State Bank of Mediapolis
Supreme Court of Oklahoma
Error from District Court, Oklahoma County; Bayard T. Ilainer, Judge. Mortgage foreclosure by the Citizens’ State Bank of Mediapolis and others against Seymour S. Price and wife. From the judgment Price and wife bring error. On the 22d day of December, 1905, a motion was filed by the Citizens’ State Bank of Mediapolis to confirm the sale of certain real estate, to wit, lots 9, 10, 11, and 12, block 5, -in Military addition to the city of Oklahoma City, Oklahoma county, Okla.
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Error from District Court, Oklahoma County; Bayard T. Ilainer, Judge. Mortgage foreclosure by the Citizens’ State Bank of Mediapolis and others against Seymour S. Price and wife. From the judgment Price and wife bring error. On the 22d day of December, 1905, a motion was filed by the Citizens’ State Bank of Mediapolis to confirm the sale of certain real estate, to wit, lots 9, 10, 11, and 12, block 5, -in Military addition to the city of Oklahoma City, Oklahoma county, Okla. T., made by the sheriff of said county, and upon, objections filed by the plaintiffs in error to such confirmation, the…
1Opinion of the CourtWilliams, J.
(after stating the facts as above). The following points are raised in the brief of plaintiffs in error: (1) Insufficiency of the publication of notice of sale. (2) The order of sale, beiñg returned 62 days after is was issued, is a nullity. (3) The sale could not be confirmed, because it was not made for cash, as advertised. (4) The sale did not take place on the date advertised. (5) The confirmation of the sale is conditional.
1. In the case of Thompson v. Higginbotham, 18 Kan. 43, Mr. Justice Brewer, in delivering the opinion of the court, said:
“This is a proceeding to review an order of…
2Cases cited2 opinions
- Norton v. ReardonSupreme Court of Kansas · 1903
- Thompson v. BurgeSupreme Court of Kansas · 1899
3Cited by20 opinions
- Folsom v. Mid-Continent Life Ins. Co.Supreme Court of Oklahoma · 1923
- Hargis v. HargisSupreme Court of Oklahoma · 1937
- Richmond v. RobertsonSupreme Court of Oklahoma · 1915
- Martin v. HostetterSupreme Court of Oklahoma · 1916
- Goslen v. Waddell Inv. Co.Supreme Court of Oklahoma · 1930
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