LEEKLEY v. OLSEN.

LEEKLEY v. OLSEN.
1932 OK 627
14 P.2d 382
159 Okla. 109
Case Number: 20616
Decided: 09/20/1932
Supreme Court of Oklahoma

LEEKLEY
v.
OLSEN.

Syllabus

¶0 Taxation--Judgment Foreclosing Tax Sale Certificates Pursuant to Unconstitutional Act of 1925 Reversed.
Where judgment is rendered by virtue of an act of the Legislature that is thereafter declared unconstitutional and void ( Casner et al. v. Meriwether, 152 Okla. 246, 4 P.2d 19, said cause on appeal will be reversed and said judgment vacated.

Appeal from District Court, Muskogee County; Enloe V. Vernor, Judge.

Action by B. Olson against Charlotte Leekley. Judgment for plaintiff, and defendant appeals. Judgment vacated and set aside, and cause remanded, with directions.

Harlow A. Leekley, for plaintiff in error.
Twyford & Smith and W. R. Banker, for defendant in error.

CLARK, V. C. J.

¶1 This action was commenced in the district court of Muskogee county by defendant in error herein, B. Olson, against the plaintiff in error herein, Charlotte Leekley, for foreclosure of tax sales certificates under chapter 12 of Session Laws of 1925. Upon the trial of said cause the trial court rendered judgment for B. Olson, who was plaintiff below, against Charlotte Leekley, defendant below, and the said Charlotte Leekley brings the cause here for review.

¶2 This action is controlled by the holding of this court in the case of Casner v. Meriwether, 152 Okla. 246, 4 P.2d 19, wherein this court held chapter 12, Session Laws 1925, unconstitutional and void.