CONTINENTAL FED. SAV. & LOAN ASS'N v. FETTER

No. 48887.

564 P.2d 1013 (1977)

CONTINENTAL FEDERAL SAVINGS AND LOAN ASSOCIATION, a corporation, Appellant, v. Louis B. FETTER, Jr. and Billie C. Fetter, husband and wife, and Charles P. Liddell and Irma I. Liddell, husband and wife, Appellees.

Supreme Court of Oklahoma.

May 24, 1977.


Attorney(s) appearing for the Case

Spradling, Stagner, Alpern & Friot by John T. Spradling, Stephen P. Friot, T. Scott Spradling, Oklahoma City, for appellant.

Heiple Law Offices, Inc. by H.L. Heiple, Norman, for appellees.

McAfee, Taft, Mark, Bond, Rucks & Woodruff by Stewart W. Mark, Frank D. Hill, Rebecca O. Marshall, Oklahoma City, for Oklahoma Savings League, amicus curiae.

Elliott, Woodard & Rolston by Ted R. Elliott, Oklahoma City, for Local Federal Savings & Loan Ass'n.

Gable, Gotwals, Rubin, Fox, Johnson & Baker by G. Ellis Gable, Richard W. Gable, Tulsa, for State Federal Sav. and Loan Ass'n.

Morehead, Savage, O'Donnell, McNulty & Cleverdon by Jacob L. Morehead, Tulsa, for Mid-America Federal Sav. & Loan Ass'n.

Houston & Klein by Ed Jacoby, Tulsa, for Sooner Federal Sav. & Loan Ass'n.

Northcutt, Northcutt, Ellifrit, Raley, Gardner & Northcutt by C.D. Northcutt, Ponca City, for Frontier Federal Sav. & Loan Ass'n.

Park, Nelson & Caywood by Robert B. Park, Chickasha, for First Federal Sav. & Loan Assn. of Chickasha.

Horsley, Epton & Culp by Dudley H. Culp, Wewoka, for First Federal Sav. & Loan Ass'n.

Berry, Murphy & Osborn by Everett E. Berry, Stillwater, for Stillwater Sav. & Loan Ass'n.

Fogg, Fogg & Howard by Rupert M. Fogg, El Reno, for El Reno Federal Sav. & Loan Ass'n.

Godlove, Joyner, Godlove, Garrett, Meyers & Davis, Inc. by Ernest F. Godlove, Lawton, for Home Sav. & Loan Ass'n.

Hemry & Hemry by Jerry L. Hemry, Oklahoma City, for Mut. Federal Sav. & Loan Ass'n.


HODGES, Chief Justice.

This is an appeal by Continental Federal Savings and Loan Association, appellant, (Continental Federal) from a judgment denying recovery on a note and foreclosure of a mortgage.

On August 8, 1972, appellees, Louis B. Fetter, Jr. and Billie C. Fetter, executed a promissory note in the amount of $30,400 with interest at the rate of 7 1/2% per annum, payable to Continental Federal in monthly installments...

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