State ex rel. Com'rs of Land Office v. Collins
| Decision Date | 26 February 1952 |
| Docket Number | No. 34530,34530 |
| Citation | 206 Okla. 99,241 P.2d 400 |
| Parties | STATE et rel. COMMISSIONERS OF LAND OFFICE v. COLLINS. |
| Court | Oklahoma Supreme Court |
Syllabus by the Court.
Where the final money judgment in the original action provided for ten per cent interest per annum after default and until paid, which conformed with the terms of the contract of indebtedness, such interest charge was permissible under the provisions of Title 15 O.S.A. Sec. 274, and was not invalid under the provision of Title 64 O.S.A. Sec. 51, or Article 14 of Sec. 2 of Oklahoma Constitution.
R. H. Dunn, Rupert E. Wilson, Jr., Oklahoma City, for plaintiff in error.
Ralph K. Jenner, Jack Bradley, Hugo, for defendant in error.
This is an action in the District Court of Choctaw County, Oklahoma, by the State of Oklahoma on relation of the Commissioners of the Land Office against the defendant, Clyde Collins; and stems from a judgment of foreclosure and sale of certain mortgaged lands, the proceeds of which were applied on the adjudged indebtedness but when so applied, left a deficiency which, under the terms of the mortgage contract and the judgment, was to draw ten per cent interest per annum until paid. No appeal was taken from such judgment. No execution was issued on the deficiency judgment within the five year period after the date of the judgment so as to prevent the judgment under the general applicable rule from becoming dormant. No application for revival of the judgment was made within one year subsequent to the date the judgment became dormant.
And but for the fact that this action involved state school funds no further proceeding for collection would have been possible because the judgment being dormant and not revived was dead. However, since this action does involve state school funds, the State of Oklahoma may maintain an independent action to recover a judgment for the deficiency due on a prior final money judgment that has become dormant and such action is not barred by any statute of limitations. State ex rel. Commissioners of Land Office v. Whitfield, 200 Okl. 300, 193 P.2d 306.
From a careful examination of the record and the arguments of both parties in their briefs, we conclude that the material question for our determination is the objections of plaintiff to the court's action in reducing the rate of interest on the unpaid balance of the former final money judgment.
The trial court, in accordance with defendant's contention, allowed six...
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State ex rel. Com'rs of Land Office v. Miller
...apply to it. State ex rel. Commissioners of the Land Office v. Whitfield, 200 Okl. 300, 193 P.2d 306; State ex rel. Commissioners of the Land Office v. Collins, 206 Okl. 99, 241 P.2d 400. The brief of Administratrix concedes that this is a correct statement of the law, but argues that whene......
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State ex rel. Com'rs of Land Office v. Laughlin
...thereunder in remitting one-half the interest due upon the judgment was without authority and void. See State ex rel. Commissioners of Land Office v. Collins, 206 Okl. 99, 241 P.2d 400. Reversed, with directions to enter judgment in favor of the State for the amount of the deficiency judgme......