Oklahoma Equity Law
 

Farm Credit Bank of Wichita v. Woodring

¶0 The appellants, Farm Credit Bank of Wichita and Citizens Bank of Wakita (collectively, Banks) made loans to the Cecelia Simons Trust (Trust). The loans were secured by first and second mortgages on Trust real estate. The Trust defaulted, and the Banks began foreclosure proceedings. Thereafter, the Trustees conveyed two unencumbered tracts of real estate to trust beneficiaries, leaving the Trus... More...   $0 (04-27-1993 - OK)

Carolyn Ann Kildoo v. Edward A. Kildoo

¶1 The case at bar presents a single issue, which is one of first impression. Is an ex-wife entitled to be reinstated to support alimony provided by her ex-husband after she has entered into a second marriage which was subsequently annulled on the grounds of fraud on the part of both parties? We answer that she is not.

¶2 The appellant and appellee were married on October 2, 1953, and wer... More...
   $0 (02-22-1989 - OK)

Euity Insurance Company v. Bertha Yadira Jauregui





Tulsa, OK - Personal injury lawyer represented Plaintiff on an auto negligence theory.

Equity Insurance Company, as subrogee of Jerry Jarvis, sued Bertha Yadira Jauregui on a negligence theory, alleging that the defendant negligently coll... More...
   $14137 (08-04-2020 - OK)

Jimcy McGirt v. State of Oklahoma







On the far end of the Trail of Tears was a promise. Forced to leave their ancestral lands in Georgia and Alabama, the Creek Nation received assurances that their new lands ... More...
   $0 (07-09-2020 - OK)

In Re THE MARRIAGE OF: JOSHUA JOE DUKE, Petitioner/Appellee, v. PAIGE TAYLOR DUKE, Respondent/Appellant.

¶1 Mother challenges an order awarding sole custody of the parties' minor child to the child's father. The parties had an opportunity in the trial court to present their evidence and make a complete trial court record and a complete appellate record. The record we are presented with is incomplete and does not contain the guardian ad litem reports used by the trial court. We decline to expand our t... More...   $0 (01-22-2020 - OK)

CONSOLIDATED CUT STONE CO. v. SEIDENBACH

¶0 1. APPEAL AND ERROR - Supreme Court Without Jurisdiction to Determine Questions of Fact and Law New and Different From Those Involved When Case Presented on Appeal.
In an appellate proceeding the Supreme Court does not have original jurisdiction to try and determine questions of fact and law new and different from those involved in the case when it was presented on appeal.
2. MECHANICS'... More...
   $0 (12-07-1931 - OK)

W.K. Warren v. Century Bankcorporation, Inc.

¶1 The minority shareholders of Century Bank [Bank] brought this shareholders' derivative suit1 against the Bank's directors [directors], Century Bankcorporation, Inc. [Century] and Action Financial Corporation [Action]. Century owns more than 80% of the Bank's stock. Action is a wholly-owned subsidiary of Century and is in the business of making loans. The minority stockholders alleged that Centu... More...   $0 (02-04-1987 - OK)

Garage Storage Cabinets, LLC v. Don Mitchell



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¶1 Plaintiff/Appellant/Counter-Appellee Garage Storage Cabinets, L.L.C. (GSC) appeals the tri... More...
   $0 (09-13-2007 - OK)

Miller v. Troy Laundry Mach. Co.

¶0 1. EVIDENCE - Parol Evidence to Prove Fraud Inducing Execution of Contract.
An exception to the parol evidence rule exists for the purpose of proving fraud in inducing execution of a written contract.
2. FRAUD - Rescission or Recovery of Damages as Remedy of Party Induced by Fraud to Execute Contract.
A contract may be rescinded, or damages recovered for the effect of the contract, ... More...
   $0 (09-15-1936 - OK)

Harn v. Smith

¶0 1. Jury--Right to Jury Trial--Mortgage Foreclosure--Issue as to Amount Due. In an action for the recovery of money due on a promissory note executed by the defendants, and for the foreclosure of a mortgage given to secure the payment of said note, where issue is joined as to the indebtedness due, either party is entitled to a trial by jury as a matter of right.
2. Corporations--Subscription... More...
   $0 (09-13-1921 - OK)

Griffth v. Scott

¶1 On March 29, 1924, A. L. Griffith, plaintiff below and plaintiff here, filed this action against K. W. Ingham and 19 others as defendants, none of whom appear in the case on appeal, to quiet title of plaintiff to certain real property described as lots 16 to 23, both inclusive, in block 9 in the town site of Key West, Lincoln county, subject only to an oil and gas lease thereon in favor of the ... More...   $0 (10-18-1927 - OK)

Jason Glass v. Sierra Hutchingon

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Jason Glass sued Sierra Hutchinson on an auto negligence theory claiming to have been injured and/or damages i... More...
   $0 (08-01-2019 - OK)

General Explosives Co. v. Wilcox

¶1 The appellant explosive company instituted this action below on January 28, 1926, against Ella Wilcox, to cancel a warranty deed from H. H. Wilcox to defendant below, which deed on its face appears to have been executed and delivered January 3, 1922, and duly recorded November 4, 1925, and "in consideration of the sum of $ 1 and other valuable considerations," and in conveyance of the N.E. 1/4 ... More...   $0 (06-12-1928 - OK)

Adalex Laboratories, v. Krawitz

¶1 Plaintiff Louis E. Krawitz, doing business as Adalex Distributing Company, brought this action in the District Court of Tulsa County against Adalex Laboratories, Inc., a corporation, for injunction enjoining defendant from breaching an exclusive sales agency contract theretofore entered into by plaintiff and defendant, for an accounting, and for damages sustained by reason of the alleged breach... More...   $0 (05-04-1954 - OK)

Mid-State Homes, Inc. v. Charles P. Donnelly and Pracialla A. Donnelly

¶1 The appellees, Charles P. and Pricilla M. Donnelly, husband and wife, (Donnellys) contracted with Jim Walter Homes, Inc. (builder) for the construction of a shell house on their real property. Principal part of the contract price was paid by the Donnellys executing a non-negotiable note, secured by a real estate mortgage, to the builder. The builder assigned the note and mortgage to Mid-State H... More...   $0 (02-07-1978 - OK)

Miller v. Troy Laundry Machinery Co., Inc.

¶1 This is an appeal by the plaintiff in the trial court, from an order sustaining defendant's demurrer to plaintiff's evidence, and rendering judgment for defendant on its cross-petition.

¶2 The petition in its original form sought damages caused by an alleged breach of defendant's oral warranty as to fitness and condition of a certain laundry machine purchased by plaintiff from defendan... More...
   $0 (11-30--0001 - OK)

Distin Harkrider v. Raymond Posey

¶1 The dispositive issue on certiorari is whether the trial court's summary judgment for plaintiff-garnishor is correct. We answer in the affirmative.

I
ANATOMY OF LITIGATION

¶2 On the night of 28 June 1996 Dustin Harkrider ("Harkrider") was crossing an intersection in his automobile when it was struck by a 1979 Ford pickup driven by Raymond Edward Posey ("Posey"). The pickup... More...
   $0 (06-14-2001 - OK)

Holcomb & Hoke, Mfg. Co. v. Jones

¶0 1. Contracts--Fraud--Remedies.
A party who, by fraud, has been induced to enter into a contract has, upon discovery thereof, a choice of two classes of remedy, to wit, rescission or affirmance.
2. Same--Rescission--Restoration of Consideration.
A party attempting to rescind a contract must comply with the statutes by offering to restore, or by restoring, everything which is of value... More...
   $0 (09-09-1924 - OK)

LORI SCHNEDLER V.HEATHER NICOLE LEE and KEVIN PLATT





Lori Schnedler and Heather Lee met each other in the early 2000s while working for the Bartlesville Police Departmen... More...
   $0 (07-03-2019 - OK)

Pyeatt v. Estus

¶1 (Plaintiffs in error will be designated plaintiffs, and defendants in error, defendants.) The plaintiffs are minor children of A. P. Cash, suing through their legal guardian, A. F. Pyeatt, the purpose of which suit is to have canceled certain conveyances to the lands involved, which comprise the allotments of said minors and their deceased mother. Briefly stated, the grounds of recovery alleged... More...   $0 (06-06-2016 - OK)

Charles D. Croslin v. Enerlex, Inc.

¶1 Charles D. Croslin,1 Glenn Croslin, and Irma Jean Gowin (plaintiffs) sued Enerlex, Inc. (defendant) seeking rescission of mineral deeds and tort damages. The dispositive issues on certiorari are: 1) whether the summary judgment record on appeal establishes that defendant owed the plaintiffs a duty to disclose the pooling order and the accrued mineral proceeds when it made an unsolicited offer t... More...   $0 (05-28-2013 - OK)

Vivian Phillips v. Merry X. Ball

¶1 The defendant in error, Merry X. Ball, hereafter referred to as "plaintiff", instituted this action on December 7, 1953, against the plaintiffs in error, hereafter referred to as "defendants" or by name, to recover an undivided 2/9ths interest in the estate of Dewey W. Smith, her deceased father who died intestate in 1942 a resident of Cotton County, Oklahoma, and for an accounting in connectio... More...   $0 (07-07-1960 - OK)

Ned Hall v. Farmers Insurance Exchange

¶1 This cause concerns a dispute between Appellants, who are various insurance companies doing business as Farmers Insurance Group (hereafter "Farmers"), together with their District Manager, Cassity and Appellee Hall, who for many years was an insurance agent selling policies for Farmers. Halls' association with Farmers began in April, 1962, and continued until 1978. In 1968, Hall and Farmers ent... More...   $0 (01-14-1986 - OK)

James Todd Beacon and Dara Beason v. I.E. Miller Services, Inc.




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¶1 At issue is the constitutionality of a legislative enactment--23 O.S. 2011 § 61... More...
   $0 (04-23-2019 - OK)

Benjamin Grice and Kayla Patchett v. CVR Energy, Inc. and CVR Refining, L.P.





Benjamin Grice suffered severe burns after an oil pump exploded at the
refinery where he worked. He and his wife brought suit against the refinery’s two
parent corporations, CVR Energy and CVR Refining. They alleged the parent
companies assumed responsibility for... More...
   $0 (04-23-2019 - OK)

OKLA. SCHOOLS RISK MANAGEMENT TRUST v. MCALESTER PUBLIC SCHOOLS




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The controversy presented by the parties is whether an insurance policy covers the damage to a school caused by the rupture of a water pipe beneath th... More...
   $0 (02-11-2019 - OK)

Marcia W. Davilla v. Enable Midstream Partners, L.P.





Enable Intrastate Transmission, LLC owns and operates a natural gas
pipeline that crosses Indian allotted land in Anadarko, Oklahoma. A twenty-year
easement for the pipeline expired in 2000. Enable failed to renew the easement
but also failed to remove t... More...
   $0 (01-10-2019 - OK)

United States of America v. John Arnold Shelley




Oklahoma City, OK - Former Bank President Sentenced to Prison and Ordered to Pay $137 Million

JOHN ARNOLD SHELLEY, 68, of Oklahoma City, was sentenced to four years in federal prison for making a false statement to the Federal Deposit Insurance Corporation. He has also ... More...
   $0 (12-20-2018 - OK)

Enable Oklahoma Intrastate Transmillion, LLC v. 25 Foot Wide Easement, et al.





Plaintiff Enable Oklahoma Intrastate Transmission, LLC, appeals the district
court’s dismissal of its case for lack of subject matter jurisdiction and for failure to
join an indispensable party. Enable also challenges the amount of attorney fees the
... More...
   $0 (11-20-2018 - OK)

Alabama-Quassarte Tribal Town v. United States of America

Eastern District of Oklahoma Federal Courthouse - Muskogee Oklahoma

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Alabama-Quassarte Tribal Town (“AQTT”) appeals several orders entered in
favor of the United States, the Secretary and Associate Deputy Secretary of the U.S.
Department of the Interior (“DOI”), the Secretary of the U.S. Department of the
Treasury, and the Muscogee (Creek) Nation (the “Creek Nation”). Exercising
jurisdiction under 28 U.S.C. § 1291, we affirm.
I
AQTT is a fed... More...
   $0 (08-13-2018 - OK)

Shaynee Sherwood v. Equity Insurance Company


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Tulsa, OK - Shaynee Sherwood sued Equity Insurance Company on an personal injury auto negligence and insurance law theories. ... More...   $1 (07-25-2018 - OK)

Exchange Trust Co. v. Palmer

¶1 The Exchange Trust Company, a corporation, instituted cause No. 9774 in the district court of Pontotoc county, Okla., seeking to foreclose a mortgage executed by John T. C. Palmer and wife to the said Exchange Trust Company. The land involved in said suit, except about 20 acres, was allotted to Newton A. McClure, a Chickasaw Indian, and Palmer's title was based on a deed from McClure to Palmer.... More...   $0 (04-04-1933 - OK)

Alexander Bradley and Bernitra Meyer v. Lee Post Meyer and Equity Insurance Company

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Tulsa, OK - Alexander Bradley and Bernitra Meyer v. Lee Post Meyer and Equity Insurance Company

Issue # 1. Issue: NEGLIGENCE (GENERAL) (NEGL)
Filed By: YOUSEY, DWAIN
Filed Date: 10/27/2017
Party Name Disposition Information
Defendant: MANHATTAN RED STONE
Defendant: JONES, M L LLC
Defendant: MUSKOGEE CREEK NATION CASINO Disposed: DISMISSED, 12/18/2017.... More...
   $0 (12-18-2017 - OK)

Alexander Bradley and Bernitra Meyer v. Lee Post Meyer and Equity Insurance Company



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Tulsa, OK - Alexander Bradley and Bernitra Meyer v. Lee Post Meyer and Equity Insura... More...
   $0 (12-19-2017 - OK)

ROBERT PARSONS v. THE DISTRICT COURT OF PUSHMATAHA COUNTY, THE HONORABLE JANA K. WALLACE, ASSOCIATE DISTRICT JUDGE

Pushmataha County Courthouse - Antler, Oklahoma

On November 21, 2011, Robert Parsons was charged in Pushmataha County District Court, Case No. CF-2011-146, with one count of first degree murder. According to the probable cause affidavit filed by the investigating officer, Parsons confessed to murdering his friend, Garland Cogburn, by striking him in the head with a hatchet. Simultaneously with the State's Information, an order was entered by ag... More...   $0 (12-14-2017 - OK)

Patrick Dwayne Murphy v. Terry Royal

Tenth Circuit Court of Appeals Courthouse - Denver, Colorado

These matters are before the court on the respondent’s Petition for Panel
Rehearing or Rehearing En Banc. We also have responses from the petitioner and the
United Keetoowah Band of Cherokee Indians, in addition to amici curiae briefs from the
United States and The Muscogee (Creek) Nation. We also have several motions pending
seeking to file additional amici curiae briefs.
2More...
   $0 (11-10-2017 - OK)

SAS Institute, Inc. v. World Programming Limited

Fourth Circuit Court of Appeals Courthouse

SAS Institute (SAS) and World Programming Limited (WPL) are competitors in the market for statistical analysis software. SAS alleges that WPL breached a license agreement for SAS software and violated copyrights on that software. We agree with the district court that the contractual terms at issue are unambiguous and that SAS has shown that WPL violated those terms. We thus affirm the district cou... More...   $0 (10-24-2017 - OK)

Steven Wormald and Elizabeth Anne Wormald v. Norman Villarina, Doug Wertheimer, Aaron Snegg and McGuffy Credit Facility 1, L.L.C.

Fort Bend County Courthouse - Richmond, Texas

This accelerated appeal of the granting of three special appearances arises out of a borrower-lender dispute. After the lender, a limited liability company, brought a collection suit against the borrowers and guarantors, the guarantors filed a counterclaim against the lender and filed various claims against others. The
2
guarantors now challenge the trial court’s granting of the special ap... More...
   $0 (10-27-2017 - OK)

Randall Silver v. Christine Annette Slusher

¶1 The dispositive issue is whether the terms of 36 O.S. 1981 § 3636 1 impose an affirmative duty upon insurers to provide an explanation of uninsured motorist coverage [UMC] to the named insureds as an indispensable precondition for a statutorily effective rejection. We answer in the negative.

¶2 Randall and Mikala Silver [insureds or the Silvers] were named insureds of an automobile ins... More...
   $0 (02-28-1989 - OK)

Berland's Of Tulsa v. Northside Village Shopping Center, Inc.

¶1 This is the second appeal by Berland's Inc. in this case. The decision in the first appeal appears in 378 P.2d 860 and reference is made thereto for a statement of the original controversy between the parties that was presented to this court. We will refer to Berland's Inc. as "Berland" and Northside Village Shopping Center, Inc. as "Northside."

¶2 As reflected by our earlier opinion, ... More...
   $0 (09-24-1968 - OK)

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