Miller v. Kyle

The opinion of the court was delivered by

Burch, J.:

The action was one to recoup the loss sustained on account of breach of an oral agreement to hold land purchased at sheriff’s sale until the owner could reimburse the purchaser, and thereby obtain the land. A demurrer to the plaintiff’s evidence was sustained, and he appeals.

*389The land was situated in Oklahoma. The plaintiff permitted foreclosure of a lien and sale of the land, in order to bar an adverse claim. The defendant was interested in protecting an inferior lien. She went to Oklahoma, bought in the land, and then sold it. At the time,…