First Nat. Bank of Hennessey v. Taylor

Supreme Court of Oklahoma

First Nat. Bank of Hennessey v. Taylor

1918 OK 680, 176 P. 926, 74 Okla. 14, 1918 Okla. LEXIS 152

CourtSupreme Court of Oklahoma

DecidedDecember 3, 1918

Docket9242

StatusPublished

Cited by1 cases

This text of 1918 OK 680 (First Nat. Bank of Hennessey v. Taylor) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

First Nat. Bank of Hennessey v. Taylor, 1918 OK 680, 176 P. 926, 74 Okla. 14, 1918 Okla. LEXIS 152 (Okla. 1918).

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Opinion

Opinion by

POPE, C.

The First National Bank of Hennessey, having first obtained a judgment against Thomas Taylor, and the same having been partially satisfied by possession, brought this action, a creditor’s cuit, against Anna Taylor, the wife of Thomas Ta- *15 lor, from a judgment against tlie hank, and brings error.

The evidence tends to show that Thomas Taylor conveyed certain land to his wife, but the conveyance was long prior to the accrual of the indebtedness dire the bank, and there is no evidence that Thomas Taylor was insolvent at the time. AVhile there is evidence that Thomas Taylor retained money which he should have paid the bank, there is no evidence that any part of the money ever came into the possession of Anna Taylor. In her answer she admitted that she received the sum of $— in money on a certain date from her husband; but there is no evidence of the amount so received, or that it was money that should have been paid to the bank. The bank rested its case, and a demurrer to the evidence introduced by the plaintiff was sustained by the court. There was no alternative open to the trial court excel)!. to sustain the demurrer. After a careful examination of the testimony introduced, we are of the opinion that the same does not show any facts which would entitle the plaintiff bink to recover in this action.

The judgment of the lower court is af-li ruicd.

By the Court: It is so ordered.

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Opinion by

POPE, C.

The First National Bank of Hennessey, having first obtained a judgment against Thomas Taylor, and the same having been partially satisfied by possession, brought this action, a creditor’s cuit, against Anna Taylor, the wife of Thomas Ta- *15 lor, from a judgment against tlie hank, and brings error.

The evidence tends to show that Thomas Taylor conveyed certain land to his wife, but the conveyance was long prior to the accrual of the indebtedness dire the bank, and there is no evidence that Thomas Taylor was insolvent at the time. AVhile there is evidence that Thomas Taylor retained money which he should have paid the bank, there is no evidence that any part of the money ever came into the possession of Anna Taylor. In her answer she admitted that she received the sum of $— in money on a certain date from her husband; but there is no evidence of the amount so received, or that it was money that should have been paid to the bank. The bank rested its case, and a demurrer to the evidence introduced by the plaintiff was sustained by the court. There was no alternative open to the trial court excel)!. to sustain the demurrer. After a careful examination of the testimony introduced, we are of the opinion that the same does not show any facts which would entitle the plaintiff bink to recover in this action.

The judgment of the lower court is af-li ruicd.

By the Court: It is so ordered.

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Bluebook (online)

1918 OK 680, 176 P. 926, 74 Okla. 14, 1918 Okla. LEXIS 152, Counsel Stack Legal Research, https://law.counselstack.com/opinion/first-nat-bank-of-hennessey-v-taylor-okla-1918.

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