Murphy v. Colton
Supreme Court of Oklahoma
Error from the District Court of Logan County. Francis R. MeKennon filed bis suit in the district court on October 18, 1891, to foreclose a lien in the nature of a mortgage upon the one-half interest of Harry Colton and Jennie Colton in lot 26, block 60, in the city of Gruth'rie, and to quiet title to the lot as to August Frank and Thomas J. Taylor.
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Error from the District Court of Logan County. Francis R. MeKennon filed bis suit in the district court on October 18, 1891, to foreclose a lien in the nature of a mortgage upon the one-half interest of Harry Colton and Jennie Colton in lot 26, block 60, in the city of Gruth'rie, and to quiet title to the lot as to August Frank and Thomas J. Taylor. It appears from four different contracts which were made between Francis R. McKennon, Thomas J. Taylor and Harry and Jennie Colton, on the 25th of October, 1889, April 21, May 21 and August 4, 1890, all of which related to the same subject matter,…
1Opinion of the Court
'The opinion of the court was delivered by
Bierer, J.:
On the trial the plaintiffs objected to any ■evidence on the defendants’ set-offs, consisting of a due-bill of one hundred and fifty dollars made to Mrs. Jennie Colton by F. R. McKennon, the board bill of Harry ■Colton against McKennon, and the lumber bill of forty-six and fifty-nine one-hundredths dollars due to the Col-tons from McKennon, because it was not alleged, and no proof shown, that these claims had ever been presented to the administrators as claims against the estate of F. R. McKennon.
McKennon died in January, 1893. The…
2Cases cited1 opinion
- Mulhall v. MulhallSupreme Court of Oklahoma · 1895
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- Stauffer v. CampbellSupreme Court of Oklahoma · 1911
- Fishburne v. Merchants BankWashington Supreme Court · 1906
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