Fouts v. Foudray
Supreme Court of Oklahoma
Error from District Court, Kay County; Wm. Bozvles,, Judge. Action by Charles E. Foudray against Salem Eouts. Judgment for plaintiff, and defendant brings error.
1Opinion of the CourtTurner, C. J.
On May 8, 1901, Charles E. Foudray, defendant in error, sued Salem Fouts, plaintiff in error, in the district court of Kay county. His petition substantially states that prior to September 20, 1906, Hubert L. Bainum, being in debted to plaintiff, deeded to him as security for the debt lots 4 and 5 in block 1, in Virginia, Ka)' county, Okla., at which time it was agreed between them, in parol, that plaintiff would reconvey to him said lots on payment of said debt; that also on said date defendant, Fouts, being indebted to said Bainum, assumed the payment of said debt, and then and there…
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