STATE ex rel. COM'RS OF THE LAND OFFICE v. SCHIFFNER

STATE ex rel. COM'RS OF THE LAND OFFICE v. SCHIFFNER
1940 OK 411
105 P.2d 1041
188 Okla. 49
Case Number: 29217
Decided: 10/01/1940
Supreme Court of Oklahoma

STATE ex rel. COM'RS OF THE LAND OFFICE
v.
SCHIFFNER et al.

Syllabus

¶0 APPEAL AND ERROR--Reversal--Failure of defendant in error to file brief.
Where plaintiff in error has served and filed its brief in compliance with the rules of court, and the defendant in error has neither filed a brief nor offered any excuse for her failure to do so, the court is not required to search the record to find some theory upon which the judgment of the trial court may be sustained, but may, where the authorities cited in the brief filed, appear reasonably to sustain the assignments of error, reverse the cause, with directions.

Appeal from District Court, Blaine County; W. P. Keen, Judge.

Action to foreclose a note by the State ex rel. Commissioners of the Land Office against Mary Schiffner et al. From an order denying confirmation of sale, plaintiff appeals. Reversed and remanded, with directions.

Tom Huser and Campbell Hippen, both of Oklahoma City, for plaintiff in error.
E. Blumhagen, of Watonga, for defendants in error.

PER CURIAM.

¶1 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.