Legal Opinion
State Ex Rel. Commissioners of Land Office v. Hall
Supreme Court of Oklahoma
Decided January 27, 1942No. 30302PublishedCited by 26 opinions
1Opinion of the CourtDavison, J.
Can a person who has acquired real estate, encumbered by a mortgage in favor of the Commissioners of the Land Office, by a deed in which he assumed and agreed to pay the mortgage ' indebtedness successfully plead the statute of limitations to defeat personal liability in an action to foreclose the mortgage by the State of Oklahoma ex rel. the Commissioners of the Land Office, in spite of the general immunity of the state from the operation of the statute when it acts in a sovereign capacity?
The trial court answered the foregoing question in the affirmative and accordingly sustained a demurrer…
2Cases cited18 opinions
- United States v. Nashville, Chattanooga & St. Louis Railway Co.Supreme Court of the United States · 1886
- Anderson v. RitterbuschSupreme Court of Oklahoma · 1908
- State Land Board v. LeeOregon Supreme Court · 1917
- Board of County Com'rs of Woods County v. State Ex Rel. Com'rs of Land OfficeSupreme Court of Oklahoma · 1926
- White v. StateSupreme Court of Oklahoma · 1915
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Oklahoma City Municipal Improvement Authority v. HTB, Inc.Supreme Court of Oklahoma · 1989
- State Ex Rel. Cartwright v. TidmoreSupreme Court of Oklahoma · 1983
- Balfour v. NelsonSupreme Court of Oklahoma · 1994
- State Ex Rel. Oklahoma Tax Commission v. EmeryCourt of Civil Appeals of Oklahoma · 1982
- Fourth National Bank of Tulsa v. ApplebySupreme Court of Oklahoma · 1993
21 more not listed; retrieve them via the Exa API.