LANDESS v. STATE

No. 37666.

335 P.2d 1077 (1958)

Mrs. Bert LANDESS, Administratrix of the Estate of Henry W. Hilgenberg and Mary E. Hilgenberg, deceased, Plaintiff in Error, v. STATE of Oklahoma, on relation of the Commissioners of the Land Office of said State, Defendant in Error.

Supreme Court of Oklahoma.

Rehearing Denied March 3, 1959.


Attorney(s) appearing for the Case

Leon S. Hirsh, Oklahoma City, for plaintiff in error.

R.H. Dunn, A.M. Degraffenried and N.A. Gibson, Oklahoma City, for defendant in error.


WILLIAMS, Justice.

This appeal presents two questions, primarily, of law. The issues relate to (a), the legally proper method of crediting payments that were made by the judgment debtor after rendition of the judgment; and (2), the liability of the judgment debtor, or his estate, to pay interest after making a formal tender of payment.

For an understanding of the issues we must advert chronologically to events out...

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