AETNA FINANCE CO. v. SCHMITZ

No. 75673.

849 P.2d 1083 (1993)

AETNA FINANCE COMPANY d/b/a ITT Financial Services a/k/a ITT Financial Services, Inc., Appellee, v. Pat SCHMITZ, Appellant.

Supreme Court of Oklahoma.

March 30, 1993.


Attorney(s) appearing for the Case

Mark W. Kuehling, Lamun, Mock, Featherly, Kuehling & Cunnyngham, Oklahoma City, for appellee.

J. Robert Blakeburn, Oklahoma City, for appellant.


SUMMERS, Justice.

We have granted certiorari to reconcile conflicting opinions between divisions of the Court of Appeals. At issue is whether a judgment creditor's failure to issue execution within one year subordinated its earlier judgment to one that was granted to another creditor later in time. We rule that 12 O.S. 1991 § 801 did so operate as to place the first judgment in a second position behind the subsequent...

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