Pettis v. Johnston
Supreme Court of Oklahoma
. Error from District Court, Carter County; IV. F. Freeman, Judge. Action by E. B. Johnston against Becky Bettis for rents and foreclosure of landlord’s lien on crops. Judgment for plaintiff, find defendant brings error. Johnston, plaintiff below, defendant in error, commenced this suit before a justice of the peace against Becky Pettis, plaintiff in error, to recover a money judgment for rent and to foreclose a landlord’s lien on defendant’s cotton crop.
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. Error from District Court, Carter County; IV. F. Freeman, Judge. Action by E. B. Johnston against Becky Bettis for rents and foreclosure of landlord’s lien on crops. Judgment for plaintiff, find defendant brings error. Johnston, plaintiff below, defendant in error, commenced this suit before a justice of the peace against Becky Pettis, plaintiff in error, to recover a money judgment for rent and to foreclose a landlord’s lien on defendant’s cotton crop. Among other things in defendant’s answer to plaintiff's bill of particulars, she denies plaintiff’s ownership of the land described and…
1Opinion of the Court
The transcript of the record in the foreclosure proceedings attached to defendant's answer contains a summons, showing thereon the officer's return of personal service on defendant; also the foreclosure judgment contains a recital of service of summons on defendant.
1. The first question is: Can the recital in the foreclosure judgment of personal service of process on defendant be contradicted by extrinsic evidence — evidence dehors the record? 23 Cyc. 1086, says that the great majority of the decisions sustain the rule that the recitals of service of process in a domestic judgment on which…
2Cases cited171 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Rose v. HimelySupreme Court of the United States · 1808
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- National Safe Deposit, Sav. & Trust Co. of DC v. HibbsSupreme Court of the United States · 1913
- Griffith v. FrazierSupreme Court of the United States · 1814
166 more not listed; retrieve them via the Exa API.
3Cited by258 opinions
- Mires v. HoganSupreme Court of Oklahoma · 1920
- Cressler v. BrownSupreme Court of Oklahoma · 1920
- Rodgers v. HigginsSupreme Court of Oklahoma · 1994
- Vance v. Federal National Mortgage Ass'nSupreme Court of Oklahoma · 1999
- Union Indemnity Co. v. SalingSupreme Court of Oklahoma · 1933
253 more not listed; retrieve them via the Exa API.