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SOUTHWEST TITLE & TRUST CO. v. NORMAN LUMBER CO.

No. 42590.

441 P.2d 430 (1968)

SOUTHWEST TITLE & TRUST CO., Inc., a corporation, Plaintiff in Error, v. NORMAN LUMBER COMPANY, a corporation, and CAP Interiors, Inc., a corporation, Defendants in Error.

Supreme Court of Oklahoma.

May 14, 1968.

Attorney(s) appearing for the Case

George A. Fisher, of Hanson, Fisher, Tumilty, Peterson & Tompkins, Oklahoma City, for plaintiff in error.

W. Samuel Dykeman, Oklahoma City, for defendant in error, CAP Interiors Inc.

Fielding D. Haas, Ben Benedum, T.R. Benedum, Norman, for defendant in error, Norman Lumber Co.

BLACKBIRD, Justice.

This appeal involves an action on a promissory note and to foreclose a real estate mortgage to secure its payment, covering residential property at 217 Sherwood, in Moore, Oklahoma. The prospective builder of the residence, Executive Homes of Norman, Inc., procured a so-called "construction loan" of $15,800.00 from Security National Bank & Trust Co., of Norman, Oklahoma. The money derived through this...

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