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55 Okla. 624

155 P 560

McKone v. Hogan

Supreme Court of Oklahoma

Decided February 15, 1916

Supreme Court of Oklahoma · decided 1916-02-15

<p> Error from District Court, Kingfisher County; James B. Cullison, Judge. </p> <p>Action by S. W. Hogan against Isabella A. McKone and another. Judgment for plaintiff, and defendants bring error.</p>

Cited by 2 later decisions — most recently June 1933

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1916-02-15

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¶1 Opinion by

BRETT, C.

¶2 This action was commenced Tby S. W. Hogan, the defendant in error, against Isabella A. McKone and Roger McKone, the plaintiffs in error, to recover upon a note and foreclose a mortgage given on real estate to secure the payment of this note. A trial was had to the court without a jury, which resulted in a judgment for the amount prayed for and a decree of foreclosure.

¶3 The plaintiffs in error attempted to appeal from This judgment and decree; but the record shows upon its ■face that there were three exhibits- introduced' and admitted in evidence, over the objection of the plaintiffs in -error, and they are not in the record filed in this case. These exhibits are material evidence, and, to review the questions attempted to be raised .by this appeal, it is essential that this court examine this evidence. But, since it is not here, we cannot do this; and, the presumption Being in favor of the correctness of the judgment, we ■recommend that the judgment be affirmed.

¶4 By the Court: It is so ordered.

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