Stapleton v. Rathbun

This is an appeal from the district court of Tulsa County, where the parties appear as they did in the trial court in sustaining a demurrer to the evidence at the close of her case; and from a judgment of the trial court on defendant’s cross-petition, wherein judgment was rendered on a note secured by a mortgage and the mortgage ordered foreclosed to satisfy the debt.

It appears that the plaintiff and defendant are sisters; that for many years prior to 1945, the father of the two parties, C. M. Howrey, owned Lots 12 and 13 in Homes Garden Addition to the City of Tulsa, and being desirous of…