Thomas v. State Ex Rel. Com'rs of Land Office

The State of Oklahoma, on relation of the Commissioners of the Land Office, instituted an action in the district court of Latimer county against Ella Thomas et al. for the purpose of foreclosing a real estate mortgage. It is asserted that the note and mortgage were executed by Topha Thomas, now deceased, and Ella Thomas, and the defendants were Ella Thomas as widow and the surviving children of Topha Thomas. The judgment of the court, based on the verdict of the jury, was for the plaintiff, and the Thomases appeal.

The principal defense asserted by Ella Thomas was that she did not execute the…