Supreme Court of Oklahoma, 1933

Chapman v. Langley

Chapman v. Langley
Supreme Court of Oklahoma · Decided June 13, 1933 · Welch, Riley, Cullison, Wind, Andrews, Meneill, Bax-Less, Busby, Osborn
23 P.2d 148; 164 Okla. 130; 1933 OK 375; 1933 Okla. LEXIS 782 (Pacific Reporter, Second Series)

Chapman v. Langley

Opinion of the Court

WELCH, J.

This action was commenced in the district court of Marshall county, Okla., by defendant in error, L. M. Langley, against the plaintiff in error, Fred A. Chapman, and others, for foreclosure of tax sales certificates under chapter 12 of Session Laws of 1925. Upon the trial of the cause, judgment was rendered in the trial court in favor of defendant in error herein, and against Fred A. Chapman, plaintiff in error here, who was one of the defendants below. From the judgment so rendered, plaintiff in error has appealed.

The cause is controlled by the holding of this court in the case of Casner et al. v. Meriwether, 152 Okla. 246, 4 P. (2d) 19, wherein this court held chapter 12, Session Laws 1925, unconstitutional and void. To the same effect is Leekley v. Olsen, 159 Okla. 109, 14 P. (2d) 382.

The judgment is therefore vacated, set aside, and held for naught, and the cause is remanded to the trial court, with directions to dismiss the cause.

*131 RILEY, C. J., CULLISON, Y. C. J., and S WIND ALL, ANDREWS, MeNEILL, BAX-LESS, and BUSBY, JJ., concur. OSBORN. J., absent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.