Volume 90 — Oklahoma Reports

<p>Error from District Court, Creek County; Luden B. Wright, Judge.</p> <p>Action by Clara Alberty against Ruth McMurrough to quiet title. Judgment for plaintiff, and defendant brings error.</p>

Error from District Court, Kingfisher County; J. C. Robberts, Judge. Action by First -National Bank of Kingfisher against W. M. Hamil to recover upon promissory notes. Order of attachment issued and levied upon a growing wheat crop. Victor Fiegel, intervener. Judgment for plaintiff for amount sued for- and- attachment sustained. Defendant and intervener bring error.

Error from District Court, Tulsa County; Owen Owen, Judge. Action by Fred McIntosh, by his next friend, Andrew M. McIntosh, against the City of Tulsa et al., to recover damages for personal injurias. Judgment for plaintiff for 825.000. Defendant City of Tulsa brings error.

Error from District Court, Tillman County ; A. S. Wells, Judge. Action by A. B. Taylor and another against R. L. Owens and one other for broker’s commission. Judgment for plaintiffs, and defendants bring error.

<p>Error from District Court, Muskogee County; E. A. Summers, Judge.</p> <p>Petition by Isaac S. Mason, as foreign guardian of person and estate of Isaac Mason, Jr., against P. M. Ford, resident guardian of estate of Isaac Mason, Jr., for removal of personal property to District of Columbia. Petition denied, and petitioner brings error.</p>

<p>Error from District Court, Oklahoma' County; Geo, W. Clark, Judge.</p> <p>Action by Norah Harper against the Kansas City Life Insurance Company to collect on policy. Judgment for plaintiff, and defendant brings error.</p>

Error from District Court, Pawnee County; Redmond S. Cole, Judge. Actions between Agnes M. Tingling and others and Jones A. McLaughlin, Executor of the estate of Prank Tingling, Jr., deceased, and others to determine ■ validity of will. Judgment for Agnes M. Tingling and others, and McLaughlin and others bring error.

<p>(■Syllabus.)</p> <p>E Mortgages — What Conveyance a Mortgage.</p> <p>Every instrument purporting to be an absolute or qualified conveyance of real estate or any interest therein, but intended to be defeasible or as security for the payment of money, shall be deemed a mortgage and must be recorded and foreclosed as such. (Section 1156, Revised Laws 1910.)</p> <p>2. Same — Deed—When Construed to be a Mortgage.</p> <p>A deed absolute on its face, and a separate agreement executed on the same date-as the deed wherein the grantee agrees to reeonvey the same tract of land to the grantor, upon the payment of the consideration named in the deed with interest and taxes by a specified' time, constitute together a mortgage, and under such instruments the right of redemption is not waived.</p> <p>3. Same-Deed — When Presumptively a Mortgage.</p> <p>Where, at the time of the execution of a deed, the grantor and grantee enter into a separate written contract under the terms of which the grantee agrees upon the payment of the consideration named in the deed with interest within a specified time to reconvey the lands to the grantor, the transaction is presumptively a mortgage.</p>

Error from District Court, Caddo County: Will Linn, Judge. Action between W. Frank King and Solon W. Smith and Pearl O. Thorpe and others. From the judgment, the former bring error.

<p>Error from District Court, Ottawa County; Preston S. Davis, Judge.</p> <p>Action in ejectment by Andrew P. Tanne-hill and others against J. J. Maroney and others. Judgment for plaintiffs, and defendants bring error.</p>