PHOENIX MUT. LIFE INS. CO. v. HARDEN

No. 49817.

596 P.2d 888 (1979)

PHOENIX MUTUAL LIFE INSURANCE COMPANY, a corporation, Moramerica Mortgage Company, a corporation, and GSMI, Inc., a corporation, Appellants, v. Frances E. HARDEN, also known as Francis E. Harden, James D. Harden and David W. Harden, Trustees of the John J. Harden Trust, Frances E. Harden, James D. Harden, David W. Harden and John E. Harden, Individually as beneficiaries of the John J. Harden Trust, Phil E. Daugherty and Katherine Daugherty, husband and wife, if living, or if any of said persons be Deceased, then their unknown successors, Appellees.

Supreme Court of Oklahoma.

June 19, 1979.


Attorney(s) appearing for the Case

Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, for appellants.

Ames, Daugherty, Black, Ashabranner, Rogers & Fowler, Oklahoma City, for appellees.


DOOLIN, Justice:

This appeal involves the question of the propriety of a claim by appellee landowners for a lien for ground rent in a foreclosure action on their own property.

Landowners owned the fee in certain undeveloped real estate in Oklahoma City. Glenbrook Centre, Inc. desired to develop the property into an office building. Landowners leased the property to Glenbrook and then joined with it in mortgaging the...

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