COURSEY v. FAIRCHILD

No. 41093.

436 P.2d 35 (1967)

J.C. COURSEY, Plaintiff in Error, v. Emery C. FAIRCHILD and Vila Fairchild, Defendants in Error.

Supreme Court of Oklahoma.

December 26, 1967.


Attorney(s) appearing for the Case

Arney, Barker & Donley, Clinton, for plaintiff in error.

Tom Hieronymus, Woodward, for defendants in error.


McINERNEY, Justice:

The mortgagor (borrower) gave a deed to minerals underlying a portion of mortgaged premises to mortgagee (lender) as additional consideration for lender's agreement to extend payment on an existing mortgage indebtedness and to accept a renewal note secured by a new mortgage. The question to be decided here is whether this deed was subject to cancellation, on redemption of the land from the lien of the new...

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