Fleming v. Franing
Supreme Court of Oklahoma
Error from District Court. Cleveland County; C. F. Irwin, Judge. Action by D. B. Fleming against Jobn Franing and others. Judgment for defendants, and plaintiff brings error. On September 3, 1904, D. B. Fleming, plaintiff in error, plaintiff below, sued John Franing, Rebecca Franing, and Ed.
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Error from District Court. Cleveland County; C. F. Irwin, Judge. Action by D. B. Fleming against Jobn Franing and others. Judgment for defendants, and plaintiff brings error. On September 3, 1904, D. B. Fleming, plaintiff in error, plaintiff below, sued John Franing, Rebecca Franing, and Ed. B. Johnson (a junior mortgagee), defendants in error, defendants below, in the district court of Cleveland county, to foreclose, in the first count, a certain mortgage on a certain house and lots in Norman, Oírla., executed and delivered to him by John and Rebecca Franing on July 12, 1902, to secure to…
1Opinion of the CourtTurNer, J.
(after stating tlie facts as above). As there is no assignment of error relied on in plaintiffs brief, we will select one from his petition in error which will reach the merits of 'this controversy, and that is: “That the decision and judgment of the court is not sustained by sufficient evidence, and is contrary to law.” It is insisted that as the first mortgage provides: “Fourth. Upon any breach of the first, second and third special covenants of this mortgage hereinbefore enumerated * •* * the holder of this mortgage may declare the entire sum or sums secured hereby, due and payable by…
2Cases cited6 opinions
- Noyes v. . AndersonNew York Court of Appeals · 1891
- Ver Planck v. GodfreyAppellate Division of the Supreme Court of the State of New York · 1899
- Shaw v. WellmanNew York Supreme Court · 1891
- Smalley v. RenkenSupreme Court of Iowa · 1892
- State v. BrooksCourt of Appeals of Kansas · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dabney v. HookerSupreme Court of Oklahoma · 1926
- MacKey v. DobruckiSupreme Court of Connecticut · 1933
- Core v. SmithSupreme Court of Oklahoma · 1909
- Balducci v. EberlyCourt of Appeals of Maryland · 1985
- Luke v. PattersonSupreme Court of Oklahoma · 1943
1 more not listed; retrieve them via the Exa API.