Edwards v. Montgomery
Supreme Court of Oklahoma
Error from District Court, Kingfisher County; A. H. Huston, Judge. Action between A. G. Edwards and others and W. N. Montgomery and'another. From the judgment, Edwards and others bring error. No briefs reached the reporter.
1Opinion of the CourtDunn, C. J.
This case presents error from the district court of Kingfisher county, and there is presented by the record and briefs but one question for our consideration, which is, in the absence of any record title: Is the open, actual, and exclusive possession of a tract of land by a grantee sufficient to put a subsequent mortgagee upon inquiry as to possessor’s rights on taking a mortgage from the grantor, and does such mortgagee take subject to the rights of such grantee? Answer to this question with a long and practically unbroken line of authorities from state and federal courts is found in 21 Cyc.…
2Cases cited9 opinions
- Lestrade v. BarthCalifornia Supreme Court · 1862
- Rice v. WintersNebraska Supreme Court · 1895
- Wickes v. LakeWisconsin Supreme Court · 1869
- School District No. 82 v. TaylorSupreme Court of Kansas · 1877
- Garrett v. LyleSupreme Court of Alabama · 1855
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Brown v. TrentSupreme Court of Oklahoma · 1912
- Adams v. WhiteSupreme Court of Oklahoma · 1913
- Holland v. CofieldSupreme Court of Oklahoma · 1910
- Simpson v. HillisSupreme Court of Oklahoma · 1911
- City Guaranty Bank of Hobart v. BoxleySupreme Court of Oklahoma · 1928
4 more not listed; retrieve them via the Exa API.