SOONER FEDERAL SAV. & LOAN ASS'N v. SMOOT

No. 75937.

894 P.2d 1082 (1995)

SOONER FEDERAL SAVINGS & LOAN ASSOCIATION, a corporation, Plaintiff, v. Bill W. SMOOT and Dowana L. Smoot, husband and wife, Defendants, and Peoples Savings & Investments, Inc., Appellee, and Harvey Lee, Guardian for Charles E. Harding, Appellant.

Supreme Court of Oklahoma.

April 4, 1995.


Attorney(s) appearing for the Case

Robert W. Raftery, Larry Glenn Ball, Erin M. Van Laanen, Spradling, Alpern, Friot, Gum & Scoggins, Oklahoma City, for appellee.

Monty L. Bratcher, Monty L. Bratcher, P.C., Edmond, for appellant.


LAVENDER, Justice.

We decide whether the trial court erred when she refused to set aside a sheriff's sale and vacate as void an agreed judgment in a foreclosure action which, in part, validated a mortgage as a lien upon the real property of an adjudicated incompetent. We hold the trial court erred because on its face the agreed judgment is void because it was beyond the authority or power of the court to enter as spelled...

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