Oklahoma State Bank v. Dotson

3 Citing cases

  1. Bednar v. RCB Bank (In re Bednar)

    BAP No. WO-18-099 (B.A.P. 10th Cir. Aug. 20, 2019)   Cited 2 times
    Concluding order denying sanctions for violation of discharge injunction is final for purposes of appellate review

    Okla. State Bank of Enid v. Dotson, 235 P. 181, 183 (Okla. 1925). Our review of Franklin's foreclosure judgment discloses that the State Court granted in rem relief against the property, including a right to credit bid up to the amount of the judgment, not in personam relief against Mr. Bednar.

  2. In re Richardson

    48 B.R. 141 (Bankr. E.D. Tenn. 1985)   Cited 2 times

    In such situations, the holder of the mortgages may have the opportunity to take unfair advantage of the debtor. Compare Sletten v. First National Bank, 37 N.D. 47, 163 N.W. 534 (1917) and Oklahoma State Bank v. Dotson, 109 Okla. 190, 235 P. 181 (1925). In this case the bank did not take unfair advantage of the debtor.

  3. Foster v. Bank of America

    77 Nev. 365 (Nev. 1961)   Cited 8 times
    In Foster v. Bank of America, 77 Nev. 365, 365 P.2d 313 (1961), this court observed that NRCP 52(b) "now contemplates ex parte findings subject to the right of the other party to move to amend the same."

    An annotation at 39 A.L.R. 1486 states that there is a considerable difference of opinion on the subject. The principal case there annotated, Oklahoma State Bank of Enid v. Dotson, 109 Okla. 190, 235 P. 181, 183, 39 A.L.R. 1482, holds definitely that the foreclosure of the second mortgage did not extinguish the first mortgage, "for the reason that the junior mortgage foreclosed by plaintiff was subject to the senior mortgage * * *." It is not necessary for us here to resolve these conflicting authorities. It is recited in our opinion on the first appeal, 74 Nev. at page 156, 325 P.2d at page 766: "The findings of the district court that the sale by the defendants of the properties bought in at foreclosure ($125,000, subject to the deed of trust for $150,000, and $15,000 for the chattel mortgaged property bought in) constituted the full cash value of said real and personal properties is substantially supported by the evidence.