UNITED OKLAHOMA BANK v. MOSS

Nos. 70129, 71364.

793 P.2d 1359 (1990)

UNITED OKLAHOMA BANK, a State Banking Corp., Plaintiff, v. Ted MOSS, an individual; Ted Moss d/b/a Moss-Lawson Industries; Exline Gas Systems; Peggy L. Moss, an individual, Midco Drilling, a Kansas corp.; Schlumberger Well Services, a division of Schlumberger Technology Corp., a Texas corp.; Haines Pipeline Construction, Inc., an Okla. corp.; Halliburton Company, an Okla. corp.; Fiberglass Fabricators, Inc., an Okla. corp.; Heatflow Services, Inc., an Okla. corp.; Pool Well Servicing Co., a Texas corp.; J & B Pipe Supply Co., an Okla. corp.; Security Bank and Trust Co. of Midwest City, Okla., a national banking association; Federal Deposit Insurance Corp. as liquidating agent of First Continental Bank and Trust Co., Del City, Oklahoma; and Hercules Energy, Defendant, and City National Bank of Fort Smith, Intervenor.

Supreme Court of Oklahoma.

May 30, 1990.


Attorney(s) appearing for the Case

Dan Batchelor, Batchelor and Johnson, P.C., Oklahoma City, for appellant.

Gregory E. Gore, Fred S. Morgan, Reynolds, Ridings & Hargis, Oklahoma City, for appellee.

Don R. Nicholson, II, Eagleton & Nicholson, Oklahoma City, for intervenor.


OPALA, Vice Chief Justice.

The husband-debtor's ex-wife tenders two issues for our decision in this appeal: (1) Does the husband's mortgage of nonhomestead property they owned together, given without the wife's knowledge or consent, have priority over the lien impressed in her favor by the divorce decree? and (2) Did the foreclosure sale comply with Oklahoma law? We answer the first question in the affirmative insofar as...

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