Bartlett Bros. Land Loan Co. v. Rees
Supreme Court of Oklahoma
Error from District Court, Wagoner County; Chas. G. Watts, Judge. Action by the Bartlett Bros. Land & Loan Company against Ed L. Rees, Margaret M. Rees, H. P. Showalter, Edwin S. Ripley, J. L. DeGroot, and W. K. Foster to foreclose mortgage. Demurrer to petition sustained, and plaintiff brings error.
1Opinion of the CourtHarrison, C. J.
This cause comes here upon transcript. The plaintiff below, Bartlett Bros. Land & Loan Company, brought suit against Ed L. Rees et al., to foreclose a mortgage for $2,000 on a tract of land situated in Wagoner county. The trial court sustained a demurrer to the petition for failure to state a cause of action, and plaintiff below elected to stand upon its petition and brings the case to this court.
It appears that Rees, the mortgagor, had failed to pay the taxes on the mortgaged property, and that the land company, upon discovery of such failure to pay the taxes then due, paid sajjpe in…
2Cases cited9 opinions
- Stanclift v. NortonSupreme Court of Kansas · 1873
- Brickell v. BatchelderCalifornia Supreme Court · 1882
- Rasmussen v. LevinSupreme Court of Colorado · 1901
- Hockett v. BurnsNebraska Supreme Court · 1911
- Johnson v. IrwinWashington Supreme Court · 1897
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3Cited by2 opinions
- Federal Land Bank of Wichita v. DensonSupreme Court of Oklahoma · 1935
- Hendron v. SarkeySupreme Court of Oklahoma · 1937