Lafferty v. Evans
Supreme Court of Oklahoma
Error from the District Court of Kay County; before Bayard T. Hainer, Trial Judge. STATEMENT OF FACTS. This is an action commenced in the district court of Kay county, O. T., by the plaintiff in error, J. T. Lafferty, against the defendant in error, to recover the amount due upon two certain promissory notes, bearing date on the 24th day of September, 1901, given for the aggregate sum of $200.00, and to foreclose a mortgage given by the said Elias Evans and his wife, Maggie…
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Error from the District Court of Kay County; before Bayard T. Hainer, Trial Judge. STATEMENT OF FACTS. This is an action commenced in the district court of Kay county, O. T., by the plaintiff in error, J. T. Lafferty, against the defendant in error, to recover the amount due upon two certain promissory notes, bearing date on the 24th day of September, 1901, given for the aggregate sum of $200.00, and to foreclose a mortgage given by the said Elias Evans and his wife, Maggie Evans to secure the payment of the said, notes. It appears from the record that at the time the notes and mortgage were…
1Opinion of the Court
Opinion of the court by
Gillette, J.:
Only a single proposition is presented for determination in this case, and that the right of a grantee in a conveyance of real estate while in the possession of the estate conveyed, to question the right of his grantor in an action by his grantor to foreclose a mortgage, upon the estate conveyed for the satisfaction of a promissory note given for the purchase price.
Under the common law this could not be done, and the English rule has been adopted by the supreme court of the United States, and applied to all causes arising within the federal jurisdiction. It…
2Cases cited7 opinions
- Noonan v. LeeSupreme Court of the United States · 1863
- Corning v. . SmithNew York Court of Appeals · 1851
- Myatt v. Ponca City Land and Improvement Co.Supreme Court of Oklahoma · 1903
- Patton v. TaylorSupreme Court of the United States · 1849
- Cook v. MixSupreme Court of Connecticut · 1836
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jones v. Alpine Investments, Inc.Supreme Court of Oklahoma · 1987
- State Ex Rel. Short v. Benevolent Inv. & Relief Ass'nSupreme Court of Oklahoma · 1924
- Home Insulation Co. v. Home & Building Insulation Co.Supreme Court of Oklahoma · 1935
- Lynch v. CalkinsSupreme Court of Oklahoma · 1919
- Red Seal Refining Co. v. Red Seal Refining Corp.Supreme Court of Oklahoma · 1925
1 more not listed; retrieve them via the Exa API.