Legal Opinion

Nicoll Et Ux. v. Midland Savings Loan Co.

Supreme Court of Oklahoma

Decided June 25, 1908No. 2094, Okla. TPublishedCited by 23 opinions

Error from District Court, Nolle County; B. T. Rainer, Judge. Action to quiet title by C. K. Nicoll and wife against the Midland Savings & Loan Company of Denver, Colo. Judgment for plaintiffs, and, the same having been thereafter set aside on defendant’s motion, plaintiffs bring error.

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Error from District Court, Nolle County; B. T. Rainer, Judge. Action to quiet title by C. K. Nicoll and wife against the Midland Savings & Loan Company of Denver, Colo. Judgment for plaintiffs, and, the same having been thereafter set aside on defendant’s motion, plaintiffs bring error. On the 28th day of February, 1903, the plaintiffs in error, as plaintiffs, instituted an action in the district court of Noble county, territory of Oklahoma, to quiet title to certain real estate in the city of Perry. Affidavit for service by publication was made by 0. K. Nicoll, one of said plaintiffs, and…

1Opinion of the CourtWilliams, C. J.

(after stating the facts as above). The only question necessary to determine in this case is whether or not the judgment rendered by the district court against the defendant is void for, if void, the motion to set aside the same at the instance of said defendant was properly sustained. Phoenix Bridge Co. v. Street, 9 Okla. 422, 60 Pac. 221; Foreman v. Carter, 9 Kan. 674; First Nat. Bank v. Grimes Dry Goods Co., 45 Kan. 510, 26 Pac. 56; Foster v. Cimarron Val. Bank, 14 Okla. 24, 76 Pac. 145; Clark v. Little, 41 Iowa, 497; Thomas v. American Freehold Land & Mortgage Co., (C. C.) 47 Fed. 550, 12…

2Cases cited20 opinions

  1. Ricketson v. RichardsonCalifornia Supreme Court · 1864
  2. Foreman v. CarterSupreme Court of Kansas · 1872
  3. Carleton v. . CarletonNew York Court of Appeals · 1881
  4. Kahn v. MatthaiCalifornia Supreme Court · 1897
  5. Alderson v. MarshallMontana Supreme Court · 1888

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3Cited by23 opinions

  1. Pettis v. JohnstonSupreme Court of Oklahoma · 1920
  2. McDuffie v. Geiser Mfg. Co.Supreme Court of Oklahoma · 1913
  3. Ballew v. YoungSupreme Court of Oklahoma · 1909
  4. Continental Gin Co. v. ArnoldSupreme Court of Oklahoma · 1916
  5. Liebhant v. LawrenceUtah Supreme Court · 1911

18 more not listed; retrieve them via the Exa API.

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