Evans v. McMillan

Opinion by

RAY, C.

Plaintiff, the owner of certain real estate in Stephens county, a portion of which had been platted as a town site and lots leased to proposed occupants for construction of buildings thereon, brought suit against Ruey McMillan, lessee, to recover ground rental alleged to be due. It was alleged that the lease contract -provided that the buildings were to be forfeited to plaintiff if rent was not paid.

The City National Bank of Duncan, which held a chattel mortgage on the buildings, was made defendant. Plaintiff sued out a writ of attachment, which was levied upon the buildings.…