Legal Opinion

Kee v. Ewing

Supreme Court of Oklahoma

Decided September 6, 1906PublishedCited by 9 opinions

Error from the District Court of .Custer County; before O. F. Irwin, Trial Judge. statement of facts. On July 5tli, 1901, O. J. Ewing and Hattie Ewing, his wife, executed and delivered to the Union Trust Company, one of the defendants in error, a real estate mortgage covering certain property in block 34 in the city of Weather-ford, Custer county, O. T., which mortgage was filed in the office of the register of deeds of said county on the 24th day of March, 1902. On November…

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Error from the District Court of .Custer County; before O. F. Irwin, Trial Judge. statement of facts. On July 5tli, 1901, O. J. Ewing and Hattie Ewing, his wife, executed and delivered to the Union Trust Company, one of the defendants in error, a real estate mortgage covering certain property in block 34 in the city of Weather-ford, Custer county, O. T., which mortgage was filed in the office of the register of deeds of said county on the 24th day of March, 1902. On November 27, 1901, defendants, Ewing and wife, executed and delivered to the plaintiff; O. B. Kee, their note, secured by a…

1Opinion of the Court

Opinion of the court by

Gillette, J.:

The only question presented by the brief of plaintiff in error is a question arising under the following assingment of error:

“The court erred in finding that the mortgage of the Union Trust Company was a first lien, and that Kee had a second and third lien on said property,”

Tbe facts were found by a referee, from whose finding of facts it appears that the Union Trust Company had a mortgage upon the lands involved, given June 5, 1901, and recorded March 24, 1902, executed by one Ewing and-wife. On November 27, 1901, Ewing and wife ezecuted a mortgage toj the…

2Cases cited1 opinion

  1. Watts v. First National BankSupreme Court of Oklahoma · 1899

3Cited by9 opinions

  1. Mills v. Damson Oil Corp.Court of Appeals for the Fifth Circuit · 1982
  2. Hill v. ProvineCourt of Appeals of Texas · 1924
  3. Elsey v. ShawSupreme Court of Oklahoma · 1947
  4. Harjo v. CollinsSupreme Court of Oklahoma · 1930
  5. Bank of Ames v. LehrSupreme Court of Oklahoma · 1913

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