Capps v. United States Bond & Mortgage Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Western District of Oklahoma; Frank A. Youmans, Judge, Action at law by J. H. Capps against the United States Bond & Mortgage Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
LEWIS, District Judge.
In September, 1912, one Cornelius gave to the defendant Bond and Mbrtgage Company a mortgage on his 160 acres of land in Oklahoma to secui'e the payment of his note for $2,-500 and accruing interest, and at the same time he gave defendant a second mortgage on the land to secure his note for $500 and accruing interest. Thereafter defendant sold the $25500 note to the Penn Mutual Life Insurance Company. Later-there was default and foreclosure of the second mortgage, and at the sale the equity was bought in by the defendant, for which it received the sheriff’s deed. In 1916…
2Cases cited5 opinions
- Jones v. Fidelity Loan & Trust Co.South Dakota Supreme Court · 1895
- Thomas v. ReynoldsSupreme Court of Kansas · 1883
- Deeter v. CrossleySupreme Court of Iowa · 1868
- Wilkerson v. SorsbySupreme Court of Alabama · 1918
- Livingston v. CuddSupreme Court of Alabama · 1898
3Cited by4 opinions
- Abell v. BishopMontana Supreme Court · 1930
- Walker v. DuncanSupreme Court of Oklahoma · 1970
- Henderson v. Allis-Chalmers Manufacturing Co.Idaho Supreme Court · 1943
- Hope v. United Savings & Loan Ass'nSupreme Court of Oklahoma · 1936