Smith v. Noble Bros.
Supreme Court of Oklahoma
Error from. District Court, Carter County; Stillwell H. Russell, Judge. Action by Dow Taylor, administrator of the estate of A. W. Speake, against Andrew Jackson and others; Noble Bros., a partnership, interpleaders; C. R. Smith, protestation of confirmation of sheriff’s sale. From the judgment Smith brings error.
1Opinion of the Court
Opinion by
DEVEREUX, C.
The only question presented by the motion to dismiss is whether a purchaser at execution sale, who has paid the purchase price to the sheriff, and to whom the court has ordered a deed to issue, is a necessary party in this court on proceedings in error to review" the judgment of .the trial court confirming the sale and ordering the deed to issue. The direct question has never arisen, so far • as we can ascertain, in this court, but in Payne v. Long-Bell Lbr. Co., 9 Okla. 683, 60 Pac. 235, it is held that a purchaser, or assignee of the purchaser, of real estate at a…
2Cases cited7 opinions
- Price Et Ux. v. Citizens State Bank of MediapolisSupreme Court of Oklahoma · 1909
- Moore v. PyeSupreme Court of Kansas · 1872
- Payne v. Long-Bell Lumber Co.Supreme Court of Oklahoma · 1900
- McDonald v. Citizens' National BankSupreme Court of Kansas · 1897
- Cowdin v. CowdinSupreme Court of Kansas · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Axelrod v. Osage Oil & Refining Co.Court of Appeals for the Eighth Circuit · 1928
- American Glass Casket Co. v. SledgeSupreme Court of Oklahoma · 1926
- Axelrod v. Osage Oil & Refining Co.Court of Appeals for the Eighth Circuit · 1928
- Stevens v. KennedySupreme Court of Oklahoma · 1915