Oklahoma Reports Volume 25

Oklahoma Reports Volume 25

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...of the property, or a sale thereof where such partition is impracticable, and a division of the proceeds. The powers of a court of equity were conferred and exist to meet just such cases, where no adequate remedy exists at law." See, also, Smith v. Dunn, supra; Godfrey 1). White, 60 Mich. 443, 27 N. W. 593, 1 Am. St. Rep. 537. And this right is one that is absolute, and is not subject to question by plaintiff's cotenant (21 Am. & Eng. Ency. of Law, p. 1146; Tripp 12. Riley et al., 15 Barb. N. Y. 333), and is not affected by the fact that complainant's title may be denied by defendant (Godfrey 11. White, supra; Freeman on Co-Tenancy and Partition, 448). It is therefore seen that the court had jurisdiction to entertain the action of partition brought by plaintiff. Nor do we regard the second proposition presented to be more ditficult of solution than the one just considered. PlaintifY had a mortgage upon an undivided interest In this property. He brought foreclosure proceedings and sold the same thereunder. The mortgagor made no appearance and no objection, and is not now entering any protest as to the regularity of the foreclosure of the mortgage or the validity of the sale of the property there Opinion of the Court. under. The defendants in this case were strangers to that transaction; their interests were not involved, and if plaintifi was both seller and purchaser. and the property sold was not present at the sale, if the mortgagor of the property was satisfied to so have it, these parties have no such interest as will entitle them to be heard. The sale might have been voidable as to the mortgagor or others with an interest, but the defendants, whose relationship was that of co-tenants merely, had not...
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Product details

  • Paperback | 336 pages
  • 189 x 246 x 18mm | 599g
  • United States
  • English
  • black & white illustrations
  • 1236978889
  • 9781236978882