Davis v. First State Bank of Idabel
Supreme Court of Oklahoma
Error from District Court, Choctaw County; Summers Hardy, Judge. Action by the First State Bank of Idabel against J. H. Davis and wife. There was a judgment for plaintiff, and defendants bring error.
1Opinion of the Court
Opinion by
GALBRAITH, C.
This action was commenced in the trial court to recover on a promissory note for $1,900, with interest and attorney’s fee, and to foreclose a real estate mortgage given to secure the same: The answer admitted the execution of the note and mortgage, but alleged that one of the lots described in the mortgage was the homestead of the defendants, and that they were husband and wife, and that the wife had not joined in the mortgage, and it was •therefore void as to their homestead. A jury was waived and the cause was tried to the court, who made findings in favor of the…
2Cases cited6 opinions
- Whelan v. AdamsSupreme Court of Oklahoma · 1914
- Alton Mercantile Co. v. SpindelSupreme Court of Oklahoma · 1914
- Laurie v. Crouch Et Ux.Supreme Court of Oklahoma · 1914
- Hyde v. IshmaelSupreme Court of Oklahoma · 1914
- McCurry Et Ux. v. SledgeSupreme Court of Oklahoma · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McCray v. Miller &8212 Bland v. BlandSupreme Court of Oklahoma · 1919
- Belt v. BushSupreme Court of Oklahoma · 1918
- Sharpe v. WrightSupreme Court of Oklahoma · 1922
- Storm v. GarnettSupreme Court of Oklahoma · 1924
- Jefferson v. HendersonSupreme Court of Oklahoma · 1929
5 more not listed; retrieve them via the Exa API.