Taylor v. Johnson
Supreme Court of Oklahoma
Error from, District Court, Lincoln County; J. H. Burford, Trial Judge. Action by H. M. Johnson against Shédrick Taylor and others. Judgment for plaintiff, and defendants Shedriek Taylor and Nancy Taylor bring error. This action was brought by the defendant in error H. M. Johnson to recover on a non-negotiable promissory note, and to foreclose a mortgage given to secure the same.
Read the full summary
Error from, District Court, Lincoln County; J. H. Burford, Trial Judge. Action by H. M. Johnson against Shédrick Taylor and others. Judgment for plaintiff, and defendants Shedriek Taylor and Nancy Taylor bring error. This action was brought by the defendant in error H. M. Johnson to recover on a non-negotiable promissory note, and to foreclose a mortgage given to secure the same. He alleges in his petition that the note and mortgage were executed by the plaintiffs in error, and that the note is past due and unpaid. Plaintiffs in error in their answer make a general denial, and specifically…
1Opinion of the CourtHayes, J.
(after stating the facts as above). Plaintiffs in error make the following assignments of error in their brief:
“First, that the court erred in ruling that the pleadings in this case only raised the issue of ‘non est factumsecond, that the court erred in instructing the jury that the only question for them to find under the pleadings in this case was whether the present plaintiffs in error executed the note and mortgage sued on; third, that the court erred in overruling the motion for a new trial.”
Counsel for plaintiffs in error in their argument on these assignments have discussed them all…
2Cases cited3 opinions
- Glaser v. GlaserSupreme Court of Oklahoma · 1903
- Boyd v. BryanSupreme Court of Oklahoma · 1901
- Everett v. AkinsSupreme Court of Oklahoma · 1899
3Cited by7 opinions
- Norman v. LambertSupreme Court of Oklahoma · 1917
- Commercial Investment Trust v. FergusonSupreme Court of Oklahoma · 1923
- Straughan v. CooperSupreme Court of Oklahoma · 1914
- Lawless v. RaddisSupreme Court of Oklahoma · 1913
- Denson v. FowlerSupreme Court of Oklahoma · 1916
2 more not listed; retrieve them via the Exa API.