WILL ROGERS BANK & TRUST v. FIRST NAT. BANK

No. 62164.

710 P.2d 752 (1985)

WILL ROGERS BANK & TRUST COMPANY, an Oklahoma banking corporation, Appellant, v. FIRST NATIONAL BANK OF TAHLEQUAH; Hal H. Harris; and the Guaranty Bank & Trust Company, Appellees.

Supreme Court of Oklahoma.

December 3, 1985.


Attorney(s) appearing for the Case

Jerome S. Sepkowitz, Oklahoma City, for appellant.

Jack Bliss, Tahlequah, for appellee, First Nat. Bank of Tahlequah.

Monte W. Strout, Kathy Carter-White, Tahlequah, for appellee, Harris.

James S. Britton, Hastie & Kirschner, Oklahoma City, for appellee, Guaranty Bank & Trust.


ALMA WILSON, Justice.

This is an appeal from the trial court's summary judgment in favor of Hal H. Harris, an alleged bona fide purchaser of real property, vis-a-vis the claim of Will Rogers Bank and Trust Company to a judgment lien under 12 O.S. 1981 § 706.1 The issue presented is whether, absent any active fault on the part of a judgment creditor, failure to properly record and index...

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