MAYHUE v. BORN

MAYHUE v. BORN
1927 OK 477
267 P. 256
130 Okla. 252
Case Number: 17361
Decided: 12/13/1927
Supreme Court of Oklahoma

MAYHUE et al.
v.
BORN.

Syllabus

¶0 Appeal and Error--Verdict Supported by Evidence not Disturbed.
Where a jury decides an issue of fact under proper instructions, its verdict will not be disturbed on appeal if the evidence tends reasonably to support it.

Error from District Court, Seminole County; Hal Johnson, Assigned Judge.

Action by H. A. Born against A. A. Mayhue and others. Judgment for plaintiff, and defendants bring error. Affirmed.

A. M. Baldwin, for plaintiffs in error.
Davis & Patterson, for defendant in error.

HEFNER, J.

¶1 H. A. Born, as plaintiff sued A. A. Mayhue, O. M. Boring. W. O. Boring, W. J. Miler, and Amos F. Cruce, as defendants, in the district court of Seminole county to recover the E. 1/2 of the N.E. 1/4 of section 10, township 9 north, range 6 east. We will refer to the parties as they appeared in the trial court.

¶2 Plaintiff pleaded that J. Q. Mayhue executed a deed to W. E. Harber; that W. E. Harber executed a deed to the Exchange National Bank of Denton, Tex.; that on the 19th day of January, 1923, the Exchange National Bank of Denton executed a d ed conveying the 80 acres of land to the plaintiff. He seems to base his primary claim to this 80 acres upon the deed from the Denton bank to him. He admits, however, in the evidence that he paid one-half of the consideration given by W. E. Harber to A. A. Mayhue for a quitclaim deed at a later date. This deed was also admitted in evidence.

¶3 Born testified that the land cost him from $ 1550 to $ 1,800; that it was rough; that a little piece of bottom land was in cultivation. Notwithstanding the fact that he already claimed the title to this land by the deed from the Denton bank, he joined W. E. Harber, about a year later, in procuring the quitclaim deed from A. A. Mayhue to W. E. Harber.

¶4 The plaintiff bases his primary claim for ownership of this land upon the deed from W. E. Harber to the Exchange National Bank of Denton. Harber was called as a witness and explained how the deed to the Denton bank happened to be executed. He testified that there was an indebtedness against the 80 acres of land in the neighborhood of $ 2,200; that Mr. Mayhue came in and saw him and it was agreed between them that the best way to pay the indebtedness was to get the bank to accept the quitclaim deed for this land which was purchased from it. It seemed that the bank had retained a vendor's lien on the land, and he quitclaimed it back to it to pay that indebtedness.