Holloway v. Davis, 34455

• Citation: 261 P.2d 217
• Decision Date: 15 September 1953
• Docket Number: No. 34455,34455
• Parties: HOLLOWAY et al. v. DAVIS et al.
• Court: Supreme Court of Oklahoma

Page 217

261 P.2d 217

1953 OK 231

HOLLOWAY et al. v. DAVIS et al.

No. 34455.

Supreme Court of Oklahoma.

Sept. 15, 1953.

Syllabus by the Court.

Sewer assessment liens are not cancelled by sale and re-sale of assessed properties for delinquent ad valorem taxes unless such liens are included in notices of tax sales.

R. E. Stephenson, Sapulpa, for plaintiffs in error.

E. C. McMichael, Sapulpa, for defendants in error.

PER CURIAM.

This appeal was filed before the decision in the case of Stephenson v. Bonney (Mobley v. Stephenson), 202 Okl. 549, 216 P.2d 315, and the points involved in this appeal are identical with the points raised in that case. The opinion promulgated in that case is applicable to this appeal and the opinion in that case is hereby adopted as the opinion in this appeal.

The judgment of the trial court is affirmed.

HALLEY, C. J., and WELCH, CORN, DAVISON, O'NEAL, and WILLIAMS, JJ., concur.

ARNOLD, J., concurs in conclusion.

BLACKBIRD, J., dissents.

This Court acknowledges the services of Attorneys John T. Gibson, Harvey E. Allen and John H. Poe, who as special masters aided in the preparation of this opinion. These attorneys were recommended by the Oklahoma Bar Association, approved by the Judicial Council, and appointed by the Court.