Volume 89 — Oklahoma Reports

<p>(Syllabus)</p> <p>1. Lis Pendens — «Right Acquired hy Purchaser — Pendency of Action.</p> <p>One who purchases real property from a party to an action involving the title thereto, after the institution and during the pen-dency of such action, is bound by the judgment rendered therein against his grantor, and acquires no greater rights than his grantor. Baker v. Leavitt et al., 54 Okla. 70, 153 Pac. 1099.</p> <p>2. Judgment — Conclusiveness.</p> <p>A final judgment of a court of competent jurisdiction is conclusive between the parties and their privies in a subsequent action involving the same subject-matter.</p> <p>3. Indians — Validity of Deeds — Minor Creek Freedmen.</p> <p>A deed executed by a minor Creek freedman allottee to his allotted lands is void.</p> <p>4. Abatement and Revival — Defense of Former Action Pending — Waiver.</p> <p>The defense of a former action in the same cause between the same parties, to be available, must be pleaded, and where such defense is not availed of by filing proper pleading, the parties will bé treated as having waived such defense.</p> <p>5. Trial — General Findings — Effects.</p> <p>In an action tried to the court, where the court makes a general finding, such finding includes a finding upon every fact necessary to support the judgment rendered in this action.</p>

Error from District Court, Oklahoma County; Edward Dewes Oldfield, Judge. Action by the American National Bank of Tulsa against Roy E. Burks, Sol Lewis, and H. L. Muldrow as sureties on notes. Judgment for plaintiff, and defendants bring error. Affirmed.

Error from District Court, Tulsa County; Conn Linn, Judge. Action by Mary Sells Northrop against. William Z. Dozier to rescind contract and for money judgment. Judgment for plaintiff, and defendant brings error. Affirmed.

Error from District Oourt, Choctaw County; C. E. Dudley, Judge. Action by Rose Hodges against Loyd Simpson and others to collect rents from farming land and for appointment of receiver to take charge of the crops and subject them to payment of rents. Court refused to appoint receiver, and plaintiff appeals.

Error from District Court, Tulsa County; Conn Linn, Judge. Action by Lucy Harris, alias Dilsey Harris, an incompetent person, by Jerry Scully, guardian, against the International Land Company and others to cancel certain conveyances. Judgment for defendants, and plaintiff brings error.

<p>(Syllabus.)</p> <p>1.Chattel Mortgages — Rights of Second Mortgagee — Failure to Foreclose First Mortgage.</p> <p>When a mortgagee, holding a first mortgage, takes possession of personal property under a chattel .mortgage without attempting to force its foreclosure in any of the ways provided by law, it does not thereby foreclose the rights of a subsequent mortgagee of said property.</p> <p>2. Same — ‘Foreclosure of Junior Mortgage —Effect on Senior Mortgage.</p> <p>When a junior mortgagee foreolo its mortgage on personal property and obtains possession of such property from the successor in interest of and w'ho stands in privity with a senior mortgagee, and obtains a valid judgment against such person in privity with the senior mortgagee decreeing such junior mortgagee to be the owner of said property, and such judgment js unappealed from, in the absence of eoi-lusioil oí fraud, ~ihé rights of the 'senior mortgagee will be precluded by such judgment. Í</p> <p>3. Appeal and Error — Failure to File Brief —Reversal.</p> <p>In an action appealed to this court, where Ule plaintiff’ in error filed a brief showing service upon the defendant in error and no reason is given or showing is made why the defendant in error has not filed a brief, this court is not required to search the record to find some theory upon which the judgment below may be sustained.</p>