Culbertson v. Walton Trust Co.

1915 OK 811, 152 P. 355, 49 Okla. 103, 1915 Okla. LEXIS 15

• Court: Supreme Court of Oklahoma
• Decided: October 12, 1915
• Docket: 7302
• Status: Published

Opinion

BROWN, J.

In the lower court the Walton Trust Company; a corporation, brought suit against Elmer E. and Matilda Seay upon notes secured by a mortgage, and asked the court for a judgment of foreclosure against them and against H. R. Denton, J. C. Culbertson, the Muskogee National Bank, of Muskogee, Okla., and Henry M. Minch. Judgment was rendered for plaintiff against all of the defendants as prayed for. From this judgment, J. C. Culbertson and the Muskogee National Bank of-Muskogee, Okla., a corporation, appeal. Defendant in error filed a m,otion to dismiss, and plaintiffs in error filed a response thereto.

¡We have examined the record and believe that the appeal is a frivolous one, and should therefore be dismissed. Sheil v. Winters, 45 Okla. 525, 146 Pac. 220; Kirkland v. Trezevant, 38 Okla. 445, 134 Pac. 1198; Skirvin v. Goldstein, 40 Okla. 315, 137 Pac. 1176; Skirvin v. Bass Fur. & Car. Co., 43 Okla. 440, 143 Pac. 190; Patterson v. Barnwell, 47 Okla. 34, 147 Pac. 1197; Bennett v. Meek, 45 Okla. 326, 145 Pac. 767.

For the reasons stated, the motion to dismiss is sustained.

All the Justices concur.