Legal Opinion
Sooner Federal Savings & Loan Ass'n v. Smoot
Supreme Court of Oklahoma
Decided April 4, 1995No. 75937PublishedCited by 16 opinions
1Opinion of the Court
LAVENDER, Justice.
We decide whether the trial court erred when she refused to set aside a sheriffs sale and vacate as void an agreed judgment in a foreclosure action which, in part, validated a mortgage as a lien upon the real property of an adjudicated incompetent. We hold the trial court erred because on its face the agreed judgment is void because it was beyond the authority or power of the court to enter as spelled out in 58 O.S.1991, § 385, which strictly limits the authority of guardians and trial courts in placing mortgages upon the real property of adjudicated incompetents. 1 We also…
2Cases cited21 opinions
- Thompson v. Maxwell Land Grant & Railway Co.Supreme Court of the United States · 1897
- Roth v. Union Nat. Bank of BartlesvilleSupreme Court of Oklahoma · 1916
- Federal Deposit Insurance Corp. v. TidwellSupreme Court of Oklahoma · 1991
- Winona Oil Co. v. BarnesSupreme Court of Oklahoma · 1921
- Olansen v. Texaco Inc.Supreme Court of Oklahoma · 1978
16 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- In Re Thomas R. Beaty and Nancy Z. Beaty, Debtors, Thomas R. Beaty v. David SelingerCourt of Appeals for the Ninth Circuit · 2002
- Vance v. Federal National Mortgage Ass'nSupreme Court of Oklahoma · 1999
- Hedges v. HedgesSupreme Court of Oklahoma · 2002
- Smith v. Baptist Foundation of OklahomaSupreme Court of Oklahoma · 2002
- Sullivan v. Buckhorn Ranch PartnershipSupreme Court of Oklahoma · 2005
11 more not listed; retrieve them via the Exa API.