ARCHER v. WEDDERIEN

No. 40752.

446 P.2d 43 (1968)

Joe ARCHER, for himself and for the benefit of others similarly situated, including Phillip H. Stekoll, Ray Stekoll and Marion Stekoll, doing business as Stekoll Pipe & Supply, Moran Pipe and Supply Co. Inc., G.B. Stobaugh, assignee of Troy Taylor, Independent Tank Co., a corporation, Frank Hall, Clarence George, H.F. Harper, and Lee Elliott, judgment creditors of William Clark, Plaintiff in Error, v. Rudy WEDDERIEN and Frank H. Ephraim and Jake B. Sureck, co-partners doing business as Ephraim and Sureck, as trustees for Milton Maniloff et al., Defendants in Error.

Supreme Court of Oklahoma.

October 8, 1968.


Attorney(s) appearing for the Case

King & Wadlington, by Carloss Wadlington, Ada, for plaintiff in error. Charles Sims, Seminole, Richard S. Roberts, Wewoka, Sandlin & Daugherty, Holdenville, Abernathy & Baker, Shawnee, H.W. Carver, Wewoka, W.B. Edwards, Seminole, Leslie B. Younger, Ada, Chas. T. Hutson, Wewoka, of counsel.

Robert K. Everest; Carroll & Carroll; and John E. Marshall, Oklahoma City, for defendants in error.


IRWIN, Vice Chief Justice:

The appeal under consideration involves a judgment entered in a garnishment proceeding. Since the garnishment proceeding was commenced to collect deficiency judgments arising from a foreclosure action, we will first discuss the foreclosure action.

In January, 1959, an action was commenced to foreclose a lien for materials and supplies furnished for the development of an oil and gas lease. It was alleged that William Clark and his...

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