Harris v. v. S. Cook Lbr. Co.

CLARK, V. C. J.

(dissenting). This c.mse was commenced in tbe district -court of Oklahoma county, July 20, 1928, by V. S. Cook Lumber Company filing its -petition in said court, seeking judgment on mote| and for foreclosure of mortgage against V. V. Harris and E. Highfill.

The petition was in the usual form, asked judgment for $4,750 principal, with interest and attorney fees. Plaintiff alleged said mortgage was subject to a mortgage in the sum of $15,000 given by W. E. Husselman and wife to the Local Building & Loan Association of Oklahoma City.

Petition alleged that said property was owned by…