State Ex Rel. Com'rs of the Land Office v. Massey

Supreme Court of Oklahoma

State Ex Rel. Com'rs of the Land Office v. Massey

1940 OK 410, 105 P.2d 1044, 188 Okla. 53, 1940 Okla. LEXIS 375

CourtSupreme Court of Oklahoma

DecidedOctober 1, 1940

DocketNo. 29251.

StatusPublished

This text of 1940 OK 410 (State Ex Rel. Com'rs of the Land Office v. Massey) 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.

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State Ex Rel. Com'rs of the Land Office v. Massey, 1940 OK 410, 105 P.2d 1044, 188 Okla. 53, 1940 Okla. LEXIS 375 (Okla. 1940).

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Opinion

PER CURIAM.

Plaintiff in error has appealed from an order denying the confirmation of sale in a foreclosure proceeding. On the 23rd day of February, 1940, plaintiff in error filed brief, and the authorities cited therein reasonably support the allegations of error. No brief has been filed by the defendant in error and no excuse has been offered for such failure. As stated in Watkins v. Holcombe, 170 Okla. 513, 41 P. 2d 59, it is not the duty of the court to search the record for some theory upon which to sustain the judgment. The cause is reversed and remanded, with directions to set aside the order denying the confirmation of sale and to enter an order confirming the sale.

BAYLESS, C. J., and RILEY, OSBORN, GIBSON, and DAVISON, JJ., concur.

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PER CURIAM.

Plaintiff in error has appealed from an order denying the confirmation of sale in a foreclosure proceeding. On the 23rd day of February, 1940, plaintiff in error filed brief, and the authorities cited therein reasonably support the allegations of error. No brief has been filed by the defendant in error and no excuse has been offered for such failure. As stated in Watkins v. Holcombe, 170 Okla. 513, 41 P. 2d 59, it is not the duty of the court to search the record for some theory upon which to sustain the judgment. The cause is reversed and remanded, with directions to set aside the order denying the confirmation of sale and to enter an order confirming the sale.

BAYLESS, C. J., and RILEY, OSBORN, GIBSON, and DAVISON, JJ., concur.

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1940 OK 410, 105 P.2d 1044, 188 Okla. 53, 1940 Okla. LEXIS 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-comrs-of-the-land-office-v-massey-okla-1940.

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