WHELAN v. MIDLAND MORTG. CO.

No. 49324.

591 P.2d 287 (1978)

John V. WHELAN, Appellant, v. MIDLAND MORTGAGE CO., a corporation, a/k/a Midland Mortgage Company, Appellee.

Supreme Court of Oklahoma.

Rehearing Denied March 5, 1979.


Attorney(s) appearing for the Case

Tom J. Lee, Oklahoma City, for appellant.

Lamun, Mock, Featherly, Baer & Timberlake by Henry F. Featherly, Oklahoma City, for appellee.


DOOLIN, Justice:

We are called upon to decide if the trial court properly granted plaintiff Midland Mortgage Company's motion for summary judgment. The defendant, Whelan, claimed a vendor's lien on the questioned real property. We hold that the motion for summary judgment was improperly granted.

Defendant Whelan owned a five acre tract upon which was developed an apartment complex known as West Wells Apartments. Whelan...

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