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HAWKINS v. McELHANON

No. 37611.

315 P.2d 667 (1957)

Claud HAWKINS, Plaintiff in Error, v. George Dewey McELHANON and Carrie McElhanon, Defendants in Error.

Supreme Court of Oklahoma.

Rehearing Denied September 10, 1957.

Attorney(s) appearing for the Case

Hulsey & Hulsey, McAlester, for plaintiff in error.

Layden & Layden, McAlester, for defendants in error.

PER CURIAM.

This action was commenced by plaintiff-payee to recover from defendant-promissors on a note secured by a mortgage on real estate. The defendants answered and alleged that there was a failure of consideration for the note; that there was fraud and misrepresentation by the plaintiff in securing its execution; and that there was no indebtedness due, but rather that plaintiff had been overpaid in a stated amount....

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