Saddler v. Smith

This is an action by the owner of a deficiency judgment in foreclosure to establish such deficiency as a claim against the estate of the deceased debtor pursuant to sections 1233, 1239, O. S. 1931, 58 Okla. Stat. Ann. §§ 333, 339.

The judgment was originally entered in favor of a building and loan association in a foreclosure case against the decedent, Frances L. Saddler, and her husband, E. I. Saddler, and John Tyler Smith. The loan company assigned the judgment to one T. J. Elliott, who assigned to the plaintiff, W. H. Smith.

Elliott while owner of the judgment had released the same as to…