ROLLOW v. SOUTH SIDE TRUST & SAV. BANK

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ROLLOW v. SOUTH SIDE TRUST & SAV. BANK
1937 OK 506
71 P.2d 707
180 Okla. 563
Case Number: 26436
Decided: 09/21/1937
Supreme Court of Oklahoma

Rollow
v.
South Side Trust & Sav. Bank

Syllabus by the Court.

MORTGAGES--FROECLOSURE ACTION--Nonliability of Grantees of Property to Personal Judgment Under Assumption Clause Inserted in deed by Mistake.
The syllabus in Rollow v. Ætna Life Ins. Co., 70 P. (2d) 71, opinion filed December 15, 1936, is hereby adopted as per stipulation of the parties, and the cause reversed and remanded for proceedings consistent with the opinion therein rendered.

Appeal from District Court, Pontotoc County; W. J. Crump, Judge.

Action for money judgment and to foreclose a lien. From an adverse judgment, W. C. Rollow et al., appeal. Reversed and remanded, with directions.

W. F. Schulte, of Ada, for plaintiffs in error.
Harrell & Kerr, of Ada, for defendant in error.

PER CURIAM.

On December 15, 1936, this court rendered an opinion in cause No. 26437, Rollow v. Aetna Life Ins. Co., 70 P. (2d) 71, and, by stipulation filed herein, the decision in that case finally disposed of the merits involved in this case.

The cause is therefore reversed and remanded, with directions, to the trial court to proceed in accordance with the opinion rendered in cause No. 26437, and to enter its judgment accordingly.

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