Legal Opinion · Dissent

Anderson v. Warren

Supreme Court of Oklahoma

Decided July 3, 1945No. 30856Published

1DissentCorn, J.

My objection to the majority opinion is based upon provisions of the statute and former decisions of this court, which I do not think admit of the conclusion reached therein. My views on the subject will be discussed under three propositions.

1. The judgment being in foreclosure of a real estate mortgage, the execution is special and must conform to the judgment of the court, otherwise it is contrary to the provisions of 12 O. S. 1941 § 732 and 12 O.S. 1941 § 903.

2. The execution is contrary to 12 O. S. 1941 § 760 in that the judgment was entered under the provisions thereof where the mortgage…

2Cases cited11 opinions

  1. Aycock v. HarrimanSupreme Court of Oklahoma · 1939
  2. Bartlett Mortgage Co. v. MorrisonSupreme Court of Oklahoma · 1938
  3. Price Et Ux. v. Citizens State Bank of MediapolisSupreme Court of Oklahoma · 1909
  4. Ashcraft v. ButtsSupreme Court of Oklahoma · 1939
  5. Richmond v. RobertsonSupreme Court of Oklahoma · 1915

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