Legal Opinion

Berry v. Tolleson

Supreme Court of Oklahoma

Decided March 5, 1918No. 8965PublishedCited by 27 opinions

Y-TTor from District Court, Garviu County; E. B. Swank, Judge. Action by W. D. Berry against R. E. Tol-leson and wife. Judgment for defendants ■denying foreclosure and canceling mortgage, and plaintiff brings error

1Opinion of the CourtOwen, J.

This action was brought by W. D. Berry in the district court of Garvin ■county to foreclose a mortgage executed by R. E. Tolleson and wife. Judgment below was for the defendants denying the foreclosure and canceling. th-e mortgage.

Tolleson purchased th-e land in question at a guardian’s sale, and executed a mortgage to Berry. This guardian’s ' sale purported to sell the lands belonging to Charles Bruce and Thomas Hamm, minors. It is conceded the probate proceedings were in all things regular so far as the record discloses. It appears from the evidence that the sale was not in fact for cash,…

2Cases cited6 opinions

  1. Welch v. FochtSupreme Court of Oklahoma · 1918
  2. Allison v. CrummeySupreme Court of Oklahoma · 1916
  3. Rice v. TheimerSupreme Court of Oklahoma · 1915
  4. Bridges v. ReaSupreme Court of Oklahoma · 1916
  5. Dunleavy v. MayfieldSupreme Court of Oklahoma · 1916

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

3Cited by27 opinions

  1. Tucker v. LeonardSupreme Court of Oklahoma · 1919
  2. Brooks v. TuckerSupreme Court of Oklahoma · 1921
  3. F. B. Collins Inv. Co. v. WaideSupreme Court of Oklahoma · 1918
  4. Winsted v. ShankSupreme Court of Oklahoma · 1918
  5. Bynum v. MooreSupreme Court of Oklahoma · 1923

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

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