RUSSELL v. FREEMAN

No. 33474.

202 Okla. 417 (1949)

214 P.2d 439

RUSSELL et al. v. FREEMAN et al.

Supreme Court of Oklahoma.

Rehearing Denied January 31, 1950.

Second Petition for Rehearing Denied February 14, 1950.


Attorney(s) appearing for the Case

Charles D. Crandall and S.J. Montgomery, both of Oklahoma City for plaintiffs in error.

S.H. King and Joe Curtis, both of Pauls Valley, and Eugene O. Monnet, Frank Settle, and Jack N. Hays, all of Tulsa, for defendant in error Harold Freeman.

E. Dan Gibson, of Tishomingo, for defendant in error Rosebud Bryce.


GIBSON, J.

This is an appeal from an order of the court overruling a motion to vacate a sale of real estate had in pursuance of a judgment rendered in an action to foreclose mortgage thereon.

As grounds of error it is contended the sale is void because (1) there was no valid judgment of foreclosure; (2) the mortgage attempted to be foreclosed waived appraisement, the sale was had within six months from time of rendition of the purported judgment and thus violative...

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