KING v. THORPE

KING v. THORPE
1921 OK 268
215 P. 1054
90 Okla. 194
Case Number: 10969
Decided: 07/05/1921
Supreme Court of Oklahoma

KING et al.
v.
THORPE et al.

Syllabus

¶0 The syllabus in this case is the same as that in the case of Charles Beindorf, Plaintiff in Error, v. Pearl O. Thorpe et al., Defendants in Error, No. 11935, on the docket of this court (decided June 28, 1921), 90 Okla. 191, 203 P. 475.

Twyford &. Smith, for plaintiffs in error.
Morrison & Jameson, for defendants in error.

NICHOLSON, J.

¶1 In this case the parties have filed a stipulation by which it is agreed that the same judgment shall be rendered in this court as is rendered in the case of Charles Beindorf, Plaintiff in Error, v. Pearl Thorpe et al., Defendants in Error, No. 11935 (decided June 28, 1921), and as the judgment of the lower court in that cause has been reversed, and the cause remanded, with directions to the trial court to grant a new trial and have an accounting as to the rental value of the premises, and ascertain the amount due the defendants, crediting the plaintiff with the reasonable rental value of the premises during the time same were occupied by Dayton and his heirs, and render judgment decreeing the deed to be a mortgage and permit the plaintiff to pay the amount of the indebtedness found to be due and make redemption of the property, the judgment decreeing the deed to be a mort-remanded with like directions.