sec 24.6 Deed from Mortgagor to Mortgagee
Chapter 24. Mortgages and Other Liens
Rule Text
Deeds from mortgagors to mortgagees are subject to close scrutiny by the court if it should be asserted they were given as additional security; nevertheless, such deeds do not warrant the rejection of the title unless there is some affirmative showing in the title that they were given merely as additional security.
Authority: Messner v. Carroll, 60 Okla. 90, 159 P. 362 (1916); Starritt v. Longcor, 179 Okla. 219, 65 P.2d 979 (1937); Ware v. Tyer, 199 Okla. 96, 182 P.2d 519 (1947); Davis v. Moore, 387 P.2d 483 (Okla. 1963); Patton & Palomar on Titles, 3rd ed., Ch. 8 (2003).
Amendment history: /P> History: Adopted as (c.), September 1946, 17 O.B.A.J. 1372 (1946); became 3 on numbering in 1946, id . at 1578 & 1751; became 20 on renumbering in 1948, 19 O.B.A.J. 223, 227 (1948), at which time the Messner and Longcor cases, supra , were added as authority. The Ware and Davis cases, supra , added to "Authority", December 1964, as per Proposal No. 11 of the 1964 Real Property Committee, 35 O.B.A.J. 2045, 2046 (1964), and approved, upon recommendation of Real Property Section, by House of Delegates, 36 O.B.A.J. 179, 182 (1965).