Blumle v. Kramer
Supreme Court of Oklahoma
Error from the District Court of Oklahoma, Countyj before Benj. F. Burwell, Trial Judge. STATEMENT OE FACTS. October 19, 1889, plaintiffs in error gave defendant in error their note for $1000.00, secured by mortgage on real estate in Douglas county, Nebraska. June 13, 1896, suit was brought to foreclose the mortgage. Summons was issued and personal service had upon both defendants.
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Error from the District Court of Oklahoma, Countyj before Benj. F. Burwell, Trial Judge. STATEMENT OE FACTS. October 19, 1889, plaintiffs in error gave defendant in error their note for $1000.00, secured by mortgage on real estate in Douglas county, Nebraska. June 13, 1896, suit was brought to foreclose the mortgage. Summons was issued and personal service had upon both defendants. A decree of foreclosure was entered October 27, 1896. Stay of execution was had for nine months. On July 29, 1897, at the expiration of the stay of execution, an order of sale was issued, and return made September…
1Opinion of the Court
Opinion of the court by
Pancoast, J.:. About five different propositions are argued in the brief of plaintiffs in error. The first one is that at the time the proceedings were taken to obtain the deficiency judgment in Nebraska, the plaintiffs in error had ceased to reside therein, and were residing in the Territory of Oklahoma, consequently the Nebraska court had no jurisdiction to render the deficiency judgment sued on in this case.
It is no doubt true that the notice served upon plaintiffs in error that an application would be made for a deficiency judgment, being served outside of the state…
2Cases cited1 opinion
- Graves v. MacfarlandNebraska Supreme Court · 1899
3Cited by5 opinions
- Metropolitan Life Ins. Co. v. PeelerSupreme Court of Oklahoma · 1918
- St. Louis S. F. R. Co. v. BloomSupreme Court of Oklahoma · 1913
- Metropolitan Life Ins. Co. v. PeelerSupreme Court of Oklahoma · 1918
- Buchner v. BakerSupreme Court of Oklahoma · 1916
- McConnell v. BarnesSupreme Court of South Carolina · 1927