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McGINNITY v. KIRK

Case No. 110,212.

362 P.3d 186 (2015)

2015 OK 73

Thomas L. McGINNITY and Claudia McGinnity, husband and wife, Plaintiffs/Counter-Defendants/Appellees, v. Peggy J. KIRK, a/k/a Peggy Jean Kirk, James Merle Kirk, and Mary Komonce, Defendants/Counter-Plaintiffs/Appellants and Mary Komonce, Defendant.

Supreme Court of Oklahoma.

November 3, 2015.

Attorney(s) appearing for the Case

Gertner F. Drummond , Harvey C. Grauberger , Drummond Law, PLLC, Tulsa, Oklahoma, for Plaintiffs/Counter-Defendants/Appellees.

Gregory G. Meier , Tulsa, Oklahoma, for Defendants/Counter-Plaintiffs/Appellants.

¶ 1 This is an appeal from a judgment entered after a non-jury trial in a mortgage foreclosure proceeding. We hold the value of the property exceeded the amount due on the mortgage and no waste was present, but the district court's finding that the Kirks breached the contract for deed is not against the clear weight of the evidence...

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