Hall v. Powell Et Ux
Supreme Court of Oklahoma
Error from the District Court of Payne County; before Frank Dale, District Judge. Action by J. S. Hall against Oren A. Powell and Eldorean Powell. Judgment for defendants1, and plaintiff brings error. STATEMENT OF THE CASE. This was an action to foreclose a mortgage upon real estate, which purported to have been executed by Oren A. Powell and Eldorean Powell, his wife. The mortgage was delivered by Powell to the agent of Hall, who paid. Powell the consideration therefor.
Read the full summary
Error from the District Court of Payne County; before Frank Dale, District Judge. Action by J. S. Hall against Oren A. Powell and Eldorean Powell. Judgment for defendants1, and plaintiff brings error. STATEMENT OF THE CASE. This was an action to foreclose a mortgage upon real estate, which purported to have been executed by Oren A. Powell and Eldorean Powell, his wife. The mortgage was delivered by Powell to the agent of Hall, who paid. Powell the consideration therefor. The petition was an ordinary petition in foreclosure, averring non-payment of principal and interest, and seeking for…
1Opinion of the Court
Opinión of the court by
McAtee, J.;
It is contended by the plaintiff in error that Eldorean Powell has, by reason of the execution of the mortgage, no homestead interest in the land. It is provided in section 21, ch.21, title “Conveyances,’’Statutes Oklahoma, 1893, that: “All instruments other than leases for the period of one year, affecting the title to realty occupied as the homestead of a family, shall be void unless the husband and wife join in the execution and acknowledge the instrument conveying the same.” The court, in. its special findings -of fact, found that the land in question was…
2Cases cited6 opinions
- Ott v. SpragueSupreme Court of Kansas · 1882
- National Bank of Guthrie v. EarlSupreme Court of Oklahoma · 1895
- Harsh v. GriffinSupreme Court of Iowa · 1887
- Bruner v. BatemanSupreme Court of Iowa · 1885
- Shoemaker v. CollinsMichigan Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Goldsborough v. HewittSupreme Court of Oklahoma · 1909
- Sperry Oil & Gas Co. v. ChisholmSupreme Court of the United States · 1924
- Howard v. Stanolind Oil & Gas Co.Supreme Court of Oklahoma · 1946
- Jenkins v. HuntsingerNew Mexico Supreme Court · 1942
- Kelly v. MosbySupreme Court of Oklahoma · 1912
7 more not listed; retrieve them via the Exa API.