Whitehead v. Stevens
Supreme Court of Oklahoma
Error from, District Court, Hughes County; John Caruthers, Judge. Action by Elizabeth Stevens against James E. Whitehead. Judgment for plaintiff, and defendant brings error. This appeal is prosecuted from the district court of Hughes county, Okla., in which court the defendant in error, Elizabeth Stevens, was plaintiff in both actions hereinafter mentioned, and will, for the purpose of this opinion, be styled the plaintiff, as she appeared in the court below.
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Error from, District Court, Hughes County; John Caruthers, Judge. Action by Elizabeth Stevens against James E. Whitehead. Judgment for plaintiff, and defendant brings error. This appeal is prosecuted from the district court of Hughes county, Okla., in which court the defendant in error, Elizabeth Stevens, was plaintiff in both actions hereinafter mentioned, and will, for the purpose of this opinion, be styled the plaintiff, as she appeared in the court below. The plaintiff in error, James E. Whitehead, was a defendant in both actions below, and will be styled the defendant. On October 8,…
1Opinion of the Court
' Opinion by
DEVEREUX, C.
(after stating the facts as above). The question presented by this case is, Did the trial court err in refusing to give the plaintiff in error affirmative equitable relief when she did not offer to do equity by paying what was justly due on the mortgage? It appears that Whitehead purchased the equity of redemption in this property from the mortgagor, Marks, after the mortgage was given and recorded, and that he assumed its payment and actually paid a portion of the mortgage debt. By this cross-petition Whitehead is now asking affirmative relief; that the plaintiff be…
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