Stokes v. Rodman
| Decision Date | 30 January 1940 |
| Docket Number | Case Number: 29127 |
| Citation | 99 P.2d 499,1940 OK 53,186 Okla. 617 |
| Parties | STOKES v. RODMAN et al. |
| Court | Oklahoma Supreme Court |
¶0 1. APPEAL AND ERROR--Reasoning or theory prompting judge in sustaining demurrer to plaintiffs evidence immaterial where decision correct.
On appeal from action of trial judge sustaining demurrer to plaintiff's evidence, if it may be said that the trial judge arrived at a correct decision, the reasoning or theory prompting the decision becomes immaterial.
2. FRAUDULENT CONVEYANCES--Action by creditor attacking deed as made "without fair and valuable consideration"--Necessity for proving value of land where deed subject to mortgage.
The plaintiff, attacking validity of conveyance of real estate on ground same was made without fair and valuable consideration (sec. 9697, Okla. St. 1931, 24 Okla. St. Ann. § 10), adduced evidence tending to show the consideration passing for the conveyance which was subject to a mortgage, but adduced no evidence tending to show value of said real estate at the time the conveyance was made. Held, the trial judge did not err in sustaining a demurrer to the plaintiff's evidence.
Appeal from Superior Court, Seminole County; Otis H. Presson, Judge.
Action by Mary Logan Stokes against C. M. Rodman, Rosa D. Rodman, and Carl G. Rodman. Demurrer to plaintiff's evidence sustained by trial judge, and plaintiff appeals. Affirmed.
Geo. C. Crump and H. W. Carver, both of Wewoka, for plaintiff in error.
S. W. Biggers and Marion R. Wells, both of Wewoka, for defendant in error.
¶1 By her action commenced in the court below, and therein apparently relying upon provisions of section 9697, Okla. St. 1931 (24 Okla. St. Ann. § 10), that "every conveyance of real estate or any interest therein, * * * made without a fair and valuable consideration, * * * shall be void as against all persons to whom the maker is at the time indebted or under any legal liability," Mary Logan Stokes attacked the validity of a conveyance of real estate evidenced by a certain warranty deed covering and describing a 40-acre tract of land situated in Seminole county, Okla., executed by C. M. Rodman and Rosa D. Rodman to Carl G. Rodman. She prayed for cancellation of the deed, and that the real estate described therein be held subject to levy under execution in her favor. At the trial in the court below, upon issues made, the trial judge sustained a demurrer to the plaintiff's evidence; and said plaintiff, Mary Logan Stokes, has appealed.
¶2 In the course of adjudging that the demurrer to the plaintiff's evidence be sustained, the trial judge did not, so far as is disclosed by the record brought up in this appeal, announce the reasoning or theory prompting the decision. However, if it may be said that the trial judge arrived at a correct decision, the reasoning or theory prompting the decision becomes immaterial. Seneca Co. v. Doss, 59 Okla. 149, 158 P. 575; Skelly Oil Co. v. Globe Oil Co., 87 Okla. 225, 209 P. 321; Watson v. Butler, 170 Okla. 350, 40 P.2d 653.
¶3 As we read...
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National Cas. Co., Detroit, Mich. v. First Nat. Bank & Trust Co.
...regardless of the sufficiency, or insufficiency, of the evidence as to the testate's alleged misrepresentations. See Stokes v. Rodman, 186 Okl. 617, 99 P.2d 499, and Homeland Realty Co. v. Robison, 39 Okl. 591, 136 P. Said court's judgment is therefore affirmed. CORN, V. C. J., and DAVISON,......
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Parker v. McCauley
...fraudulent as to creditors must assume the burden of such proof.' In the second paragraph of the syllabus in the case of Stokes v. Rodman, 186 Okl. 617, 99 P.2d 499, we 'The plaintiff, attacking validity of conveyance of real estate on ground same was made without fair and valuable consider......