Peters v. Lindley

This was an action commenced by the defendant in error in the superior court of Okmulgee county against plaintiff in error on a promissory note executed by plaintiff in error to defendant in error. As a matter of convenience, the parties will hereinafter be referred to as they were designated in the trial court.

The defendant filed a motion alleging that the note upon which suit was brought was secured by a mortgage on certain real estate, which mortgage was executed by defendant as mortgagor to the plaintiff as mortgagee; that the defndant had sold the mortgaged property to one-H. C.…