Opinion
No. 27326.
March 1, 1938.
Appeal from District Court, Tulsa County; Harry L.S. Halley, Judge.
Action for money judgment for foreclosure of mortgage, by W.P. McNutt against Allen Scott, Inc., W.O. Nichols, H.C. Stahl, and others. Judgment for plaintiff, and W.O. Nichols and Allen Scott, Inc., appeal from that portion of decree denying the cross-petition of Nichols against codefendant H.C. Stahl on mortgage assumption clause in deed. Affirmed.
William F. Tucker and William H. Martin, for plaintiffs in error.
Hunt Eagleton, for defendant in error H.C. Stahl.
This is a companion case to Allen Scott, Inc., v. Stahl et al., 181 Okla. 527, 75 P.2d 204. In the present case the immediate grantor of defendant in error Stahl was plaintiff in error Nichols, while in the cited case his grantor was Allen Scott, Inc. Otherwise, the facts and transactions in connection with the mortgage, the contract and the deed in that case are substantially the same as in this case, except that different property was involved. Similarly, the issues of fact and law, the judgments of the trial court, and the contentions on appeal are identical. The rules of law and syllabus in that case are adopted here, and on the authority of that decision the judgment is affirmed.
OSBORN, C. J., and CORN, GIBSON, and DAVISON, JJ., concur.