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CITIZENS SEC. BANK OF BIXBY v. COURTNEY

No. 49745.

572 P.2d 1302 (1977)

CITIZENS SECURITY BANK OF BIXBY, Oklahoma, Appellant, v. John L. COURTNEY and Betty J. Courtney, husband and wife, Overhead Door Company of Tulsa, Inc., a corporation, Bradley's Heating and Air Conditioning, J & R Heating and Air Conditioning Company, Painters Supply of Oklahoma, Inc., a corporation, a/k/a Pan American Paint Co., d/b/a Painters Supply Co. of Tulsa, Inc., Marvin Dorris, Jr. and Wanda L. Dorris, d/b/a Marlee Carpets, M & M Lumber Company, Plywood of Tulsa, Mager Mortgage Company, and Guaranty Loan & Investment Corporation of Tulsa, Inc., a corporation, Appellees.

Court of Appeals of Oklahoma, Division 2.

Rehearing Denied October 4, 1977.

Certiorari Denied December 21, 1977.

Released for Publication December 22, 1977.

Attorney(s) appearing for the Case

Joe Francis, Tulsa, for appellant.

Andrew T. Dalton, Jr., Tulsa, for appellee Bradley's Heating & Air Conditioning.

Paul F. McTighe, Jr., Tulsa, for appellee Pan American Paint Co.

Harvey C. Carpenter, Tulsa, for appellee J & R Heating and Air Conditioning Co.

Larry D. Leonard, Tulsa, for appellee Mager Mortgage Co.

William R. Grimm, Tulsa, for appellee M & M Lumber Co.

James T. Guthrie, Bixby, for appellees Marvin Dorris, Jr. and Wanda Dorris.

Released for Publication by Order of Court of Appeals December 22, 1977.

BRIGHTMIRE, Presiding Judge.

The question raised here is whether the trial court correctly applied the equitable doctrine of merger in finding that plaintiff bank's first mortgage lien was extinguished by the acquisition of a quitclaim deed to the mortgaged property from the mortgagor.

I

On March 17, 1972 John Courtney and...

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