WALDEN-PAGE MEMORIAL HOSPITAL v. BENTSEN

No. 39197.

370 P.2d 5 (1962)

WALDEN-PAGE MEMORIAL HOSPITAL, a Corporation, Plaintiff in Error, v. Lloyd M. BENTSEN and Elmer C. Bentsen, as individuals and Lloyd M. Bentsen and Elmer C. Bentsen, partners, d/b/a Bentsen Development Company, Wagoner Hospital, an Oklahoma Corporation, Founders, Inc., an Oklahoma Corporation, and Helen French, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied March 27, 1962.


Attorney(s) appearing for the Case

O.B. Martin, Oklahoma City, Rogers, Litchfield & Rogers, Tulsa, for plaintiff in error.

Fred W. Martin, Wagoner, for defendant in error Founders, Inc.

John M. Gephart, Wagoner, for defendant in error Helen French.

Brown & Brown, Paul Brown, Oklahoma City, for defendants in error Lloyd M. Bentsen and Elmer C. Bentsen.


JACKSON, Justice.

The sole question presented by this appeal is whether the five year period of limitations provided by 12 O.S. 1951 § 93(1), is applicable to the situation described below. For clarity, the parties will be referred to as Owner, Mortgagee and Grantee, or by their names.

On April 25, 1949, Frona J. Walden and Dewey Hobson Walden, hereinafter called Owner, mortgaged the property in question to J.M...

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