Supreme Court of Oklahoma, 1940

State Ex Rel. Com'rs of the Land Office v. Schiffner

State Ex Rel. Com'rs of the Land Office v. Schiffner
Supreme Court of Oklahoma · Decided October 1, 1940 · Bayless, Riley, Osborn, Gibson, Davison
105 P.2d 1041; 188 Okla. 49; 1940 OK 411; 1940 Okla. LEXIS 371 (Pacific Reporter, Second Series)

State Ex Rel. Com'rs of the Land Office v. Schiffner

Opinion of the Court

PER CURIAM.

Plaintiff in error has appealed from an order denying the confirmation of sale in. a foreclosure proceeding. On the 23rd day of February, 1940, plaintiff in error filed, brief, and the authorities therein cited reasonably support the allegations of error. No brief has been filed by the defendant in error and no excuse has been offered for such failure. As stated in Watkins v. Holcombe, 170 Okla. 513, 41 P. 2d 59, it is not the duty of the court to search the record for some theory upon which to sustain the judgment. The cause is reversed and remanded, with directions to set aside the order denying the confirmation of sale and to enter an order confirming the sale.

BAYLESS, C. J., and RILEY, OSBORN, GIBSON, and DAVISON, JJ., concur.

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