Richardson v. South Western Cotton Seed Oil Co.
Supreme Court of Oklahoma
Error from the District Goiurt of Lincoln County; before Jno. II. Burford, Trial Judge. STATEMENT OR TACTS. This was an action originally brought in the district court of Lincoln county by the Southwestern Cotton Seed Oil Company, defendant in error, against John S. Richardson and wife, plaintiffs in error, to foreclose a real estate mortgage.
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Error from the District Goiurt of Lincoln County; before Jno. II. Burford, Trial Judge. STATEMENT OR TACTS. This was an action originally brought in the district court of Lincoln county by the Southwestern Cotton Seed Oil Company, defendant in error, against John S. Richardson and wife, plaintiffs in error, to foreclose a real estate mortgage. To this petition the' defendants filed an answer admitting the execution, acknowledgment, and delivery of the instrument, and pleading as their only defense, payment. The plaintiff replied by general denial. In order to sustain the burden of proof which…
1Opinion of the Court
Opinion of the court by
Irwin, J.:
A careful examination of the pleadings, instructions, verdict and journal entry in the case of Bank of Stroud against the parties in this case, as introduced in evidence by the defendants in this case, will show that the contention in that case was that the Bank of Stroud had advanced money to operate a gin at Davenport, on which the plaintiff in this case held a mortgage-; that it was agreed that the seed from this gin should be shipped by Eichardson to the oil mill, and that the oil mill or oil mill company, which is the plaintiff in this case, should retain…
2Cases cited4 opinions
- Dixon v. MerrittSupreme Court of Minnesota · 1875
- St. Joseph Hydraulic Co. v. Globe Tissue Paper Co.Indiana Supreme Court · 1901
- Woodward v. FrenchSupreme Court of Vermont · 1858
- Taylor v. Butters & Peters Salt & Lumber Co.Michigan Supreme Court · 1894
3Cited by2 opinions
- Knight v. CecilSupreme Court of Oklahoma · 1925
- Buell v. HallSupreme Court of Oklahoma · 1934