Sparks v. City Nat. Bank of Lawton
Supreme Court of Oklahoma
Error from District Court, Comanche County; F. E. Gillette, Judge. Action by the City National Bank of Lawton against O. Gr. Sparks. Mary E. L. Sparks intervened. Judgment for plaintiff, and Mary E. L. Sparks brings error.
Read the full summary
Error from District Court, Comanche County; F. E. Gillette, Judge. Action by the City National Bank of Lawton against O. Gr. Sparks. Mary E. L. Sparks intervened. Judgment for plaintiff, and Mary E. L. Sparks brings error. The City National Bank of Lawton, defendant in error, plaintiff below, sued O. Q. Sparks, the husband of Mary E. L. Sparks, plaintiff in error, in the district court of Comanche county, on a promissory note for $150, and attached lots 30, 31, and 32, in block 62, in that city, to satisfy the debt. Later Mary E. L. Sparks appeared and without being made a party to the suit…
1Opinion of the CourtTurner, J.
(after stating the facts as above). The only question necessary for us to determine is whether or not the court erred in excluding the evidence offered by plaintiff in error to show title in herself to the lots levied upon and sold pursuant to the order of the court and in refusing to set aside the sale. We heartily condemn the practice pursued in this case of permitting plaintiff in error to move to dissolve the attachment, instead of requiring her to interplead for the attached property; but in view of a long line of Kansas cases recognizing the practice we will not disturb it. With the…
2Cases cited7 opinions
- Foreman v. CarterSupreme Court of Kansas · 1872
- White-Crow v. White-WingSupreme Court of Kansas · 1865
- State v. MowrySupreme Court of Kansas · 1887
- Harrison v. AndrewsSupreme Court of Kansas · 1877
- Mo. River, Fort Scott & Gulp Rld. v. WilsonSupreme Court of Kansas · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Shelby v. ZieglerSupreme Court of Oklahoma · 1908
- First National Bank of Tulsa v. Colonial Trust Co.Supreme Court of Oklahoma · 1917
- City Nat. Bank v. SparksSupreme Court of Oklahoma · 1915
- Duncan v. EckSupreme Court of Oklahoma · 1917
- Farmers State Bank of Newkirk v. HessSupreme Court of Oklahoma · 1929
12 more not listed; retrieve them via the Exa API.