[DOWNLOAD] "Hostutler v. State" by Supreme Court of the State of Oklahoma " eBook PDF Kindle ePub Free
eBook details
- Title: Hostutler v. State
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 23, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
2 On the 11th day of August, 1922, the defendant J.V. Hostutler and his wife, long since deceased, executed a note to the Commissioners of the Land Office secured by a mortgage on certain land in Custer County, Oklahoma. The defendant became delinquent in his payments to the plaintiff. Suit was brought in Custer County for a judgment on the note and to foreclose the mortgage securing the same. On the 19th day of December, 1932, a personal judgment was rendered against the defendant for $4,196.48, an attorneys fee of $250, court costs and for foreclosure of the mortgage. No appeal was taken from this judgment. On May 26, 1936, the land was ordered sold. On November 20, 1944, the sale was confirmed. The plaintiff was the purchaser for the sum of $3,500, which amount was applied on the judgment of the plaintiff. On December 21, 1953, the plaintiff brought suit in the District Court of Blaine County, Oklahoma, for the amount due on the judgment in Custer County. Service was had on the defendant and issues joined. On December 2, 1955, the case was tried to the court without a jury and judgment was rendered against the defendant in favor of the plaintiff for the sum of $4,181.51, together with interest upon the sum of $1,522.55 at the rate of ten per cent per annum from December 16, 1953, until paid and for the additional sum of $250 attorneys fee and for all costs of the action. Defendant has appealed.