¶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)

¶1 We granted certiorari to address whether two children who were named beneficiaries in a will were pretermitted heirs. We hold that heirs are not pretermitted because their beneficiary status on a non-probate asset differs from their bequests in a will. We reverse the trial court in part, and remand for proceedings consistent with our determination neither child was a pretermitted heir.

... More...   $0 (04-03-2020 - OK)

¶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)

McAlester, OK - The families and estates of two men killed in a oil well blowout sued Red Mountain Energy, Crescent Consulting, Patterson UTI, and National Oilwell Varco on negligence and wrongful death theories.

Drilling contractor Patterson-UTI Energy and operator Red Mountain Energy admitted a tragic explosion that took place at the site of a drilling operation in Oklahoma, resulting i... More...   $0 (01-29-2020 - OK)

¶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A contract may be rescinded, or damages recovered for the effect of the contract, ...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)

¶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)

¶0 1. Pleading -- Failure to Attach Copy of Note--Mode of Objection.
Under section 287, Comp. Stat. 1921, the allegation of the execution of a promissory note contained in plaintiff's petition will be taken as true unless the denial of such execution is verified by the affidavit of the defendant, his agent or attorneys. Where a suit is brought to recover on a promissory note, the plaintiff is ... More...   $0 (04-15-1924 - OK)

¶1 The plaintiff in error was the plaintiff below, and the defendant in error was the defendant. The parties will be referred to herein as plaintiff and defendant, as they appeared in the trial court.

¶2 The cause was tried upon the plaintiff's amended petition. The plaintiff, by its amended petition, seeks to recover from the defendant the sum of $ 600 and accrued and accruing interest, ... More...   $0 (05-26-1925 - OK)

¶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)

¶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)

¶1 Plaintiff/Appellant Phillip Estrada (Estrada) appeals the trial court's Order granting the motion to dismiss of Defendants/Appellees Dennis Kriz, Hodges Transport, Mid-America Pallet, LLC, et al. (collectively, Defendants). Defendants moved for dismissal "based upon [Estrada's] failure to plead [fraud] with particularity, the Doctrine of Laches and the Doctrine of Equitable Estoppel." Based on ... More...   $0 (03-02-2015 - OK)

¶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)

¶1 While the appeal before us presents complex procedural questions of both state and federal character and some first-impression matters of adjective law, the case's legal issues are posed in the context of two rather straightforward queries - (1) Was Gulf Oil Corporation, now Chevron USA Inc., and GOC Acquisition Corporation [collectively Gulf] justified in terminating the merger agreement betwe... More...   $0 (07-09-1999 - OK)

Pamela Sue Praytor appeals a district court order affirming the Commissioner’s denial of disability benefits. She contends an administrative law judge (ALJ) incorrectly evaluated her treating physician’s opinion and her credibility. Exercising jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g), we reverse and remand for further proceedings.
* After examining the briefs and appellate re... More...   $0 (10-21-2018 - OK)

Fronalee Soto, as administrator of the estate of Antonio Jimenez, appeals the
dismissal of her 42 U.S.C. § 1983 complaint against the Board of County
Commissioners of Caddo County, Oklahoma; Caddo County Sheriff Lennis Miller in
* After examining the briefs and appellate record, this panel has determined
unanimously to honor the parties’ request for a decision on the briefs without... More...   $0 (09-05-2018 - OK)

Brian Keith Heuston seeks a Certificate of Appealability (COA) to appeal the
denial of his 28 U.S.C. § 2254 petition. We deny the COA.
I
In a 2008 jury trial in Oklahoma state court, Heuston was convicted of first
degree burglary, and assault and battery with intent to kill. Heuston was sentenced to
life imprisonment, to be followed by a consecutive 20-year sentence. Heuston fi... More...   $0 (05-29-2018 - OK)

Timothy J. Hill, a prisoner in the Oklahoma Department of Corrections,
petitions for a Certificate of Appealability (COA), seeking to challenge the district
court’s denial of his 28 U.S.C. § 2254 petition. We deny the COA.
I
Around March 2012, Hill’s then-girlfriend, Stacie Lewis, gave birth to a girl,
T.H. On June 5, 2012, when T.H. was three months old, Lewis walked into the<... More...   $0 (05-29-2018 - OK)

¶1 Carrie A. Autry appeals a temporary injunction enjoining her from (1) recruiting or hiring the employees of her former employer, Acosta, Inc., (2) using Acosta's confidential or proprietary information, or (3) soliciting or selling to named clients she represented while employed by Acosta. Was granting the temporary injunction to enforce the non-solicitation provision in question an abuse of di... More...   $0 (02-07-2018 - OK)

Plaintiff A.V. Avington, Jr., proceeding pro se, filed a civil rights complaint
accusing the Indian Health Care Resource Center of race and age discrimination, as well
as intentional infliction of emotional distress, under a theory of respondeat superior.
Plaintiff alleged that when he entered the Center as a walk-in patient, he was made to
* This order is not binding precedent, ex... More...   $0 (02-20-2018 - OK)

Jason Janatsch worked as a freelance babysitter and occasional daycare
employee. He was indicted for taking sexually explicit pictures of himself with a
toddler. After he pleaded guilty to the charges, the court sentenced him to 360
months in prison and required him to pay a $5,000 special assessment pursuant to
18 U.S.C. § 3014(a)(3), a provision applicable to “any non-indigent pe... More...   $0 (01-30-2018 - OK)

In 2007, Everett Bernard Robinson was sentenced to 180 months’
imprisonment under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), for
being a felon in possession of a firearm and ammunition in violation of 18 U.S.C.
§ 922(g)(1). He unsuccessfully pursued a direct appeal and relief under 28 U.S.C.
§ 2255. After the Supreme Court decided Johnson v. United States, 135 S. Ct.... More...   $0 (01-10-2018 - OK)

In 1964 the government entered into a 20-year lease with Turley for property in
Henryetta, Oklahoma (the Property) to be used as a post office. The lease provided
options to renew for six additional five-year terms and included an option to purchase at
the end of each renewal term. Written notice of renewal was due 90 days before the new
... More...   $0 (12-30-2017 - OK)

Daminion T. Titties pleaded guilty to being a felon in possession of a firearm.
See 18 U.S.C. § 922(g)(1). His plea agreement explained that the maximum statutory
sentence for this crime is 10 years, see id. § 924(a)(2); however, if the Armed Career
Criminal Act (“ACCA”) applies, the maximum statutory sentence is 15 years to life
imprisonment, see id. § 924(e)(1). The district cour... More...   $0 (11-14-2017 - OK)

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)

¶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)

Donna White seeks reversal of the district court’s judgment upholding the
decision of an administrative law judge (ALJ) to deny her application for social
security disability benefits.1 We have jurisdiction under 28 U.S.C. § 1291 and
* After examining the briefs and appellate record, this panel has determined
unanimously to honor the parties’ request for a decision on the briefs wi... More...   $0 (10-10-2017 - OK)

¶0 1. BILLS AND NOTES--Failure of consideration as defense as between original parties to note.
As between the original parties to a note the consideration for the note may always, in the absence of an estoppel, be inquired into, and a total failure of consideration constitutes a complete defense.
2. SAME--Failure of consideration as question for jury.
The question of failure of consid... More...   $0 (12-12-1939 - OK)

¶0 1. CONTRACTS - Failure to comply with promises to give mortgage is not "failure of consideration" such as to authorize rescission of deed.
The mere failure of a grantee to perform an agreement to execute a mortgage in the future to secure payment of the purchase price of land, which agreement formed the whole or a part of the consideration inducing the execution of a deed to the land, is no... More...   $0 (12-23-1947 - OK)