Owings v. Howington
Supreme Court of Oklahoma
Error from District Court, Greer County; James R. Tolbert, Judge. Action by Wylie H. Howington against J. A. Graham, in which M. R. D. Owings intervened. Judgment for plaintiff, and intervener brings error. After appeal both Wylie H. Howing-ton and Fannie I. Howington, his wife, died intestate, and action was revived in the name of A. B. Howington, .as guardian of Hattie C. Howington.
1Opinion of the CourtKane, J.
This was an action commenced by Wylie H. Howington, since deceased, against J. A. Graham, for the purpose of removing a cloud from the title of certain real estate.
The petition alleges, in substance, that the plaintiff contracted with defendant for a loan of $500, to be secured by mortgage on real estate; that he executed said note and mortgage, but the defendant refused to make the loan; that the mortgage is on record in the county wherein the land was situated, and constitutes a cloud on his title. Thereafter the plaintiff in error, M. R. D. Owings, intervened, and filed an answer and…
2Cases cited6 opinions
- McLean v. FickeSupreme Court of Iowa · 1895
- Knox County v. GogginSupreme Court of Missouri · 1891
- Larson v. Lombard Investment Co.Supreme Court of Minnesota · 1892
- Jensen v. Lewis Investment Co.Nebraska Supreme Court · 1894
- American Mortgage Co. v. KingSupreme Court of Alabama · 1894
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3Cited by5 opinions
- Donaldson v. KenegySupreme Court of Iowa · 1924
- Clemson v. BestWashington Supreme Court · 1933
- Seibold v. RubleSupreme Court of Oklahoma · 1913
- Frisch v. ShankwitzWisconsin Supreme Court · 1932
- Routh v. FitzgibbonSupreme Court of Oklahoma · 1917