166 P.2d 91 | Okla. | 1946
This action was brought by the plaintiff, the city of Oklahoma City ex rel. L.M. Rauch, against the board of trustees of the Full Gospel Temple, defendant, on May 8, 1942, to foreclose the lien of past-due special assessments levied upon the church property of defendant to provide for the payment of refunding street improvement bonds owned by L.M. Rauch. Herein the parties will be referred to as they appeared in the trial court No pleadings were filed by defendant and default judgment was entered for plaintiff on July 28, 1943, execution duly issued, and the property sold to plaintiff. On October 28, 1943, defendant filed an application to quash a writ of assistance issued by the court clerk, to cancel the sheriff's deed to plaintiff, and to vacate the sale and judgment. This application was heard and denied, and defendant appeals.
Defendant seeks reversal on six grounds, of which the first, third, fourth, and fifth may be disposed of together. In these it contends that the designation "Board of Trustees of the Full Gospel Temple," without any allegation as to what it was, who composed it, or whether it was a corporation, trust company, or unincorporated association, was not sufficient to sustain the judgment, or to justify the sale of its property thereunder. It also asserts that no service of summons was had upon it, and that the summons showing such service was not properly issued.
The application filed by defendant to vacate the judgment and cancel the sheriff's deed was based upon jurisdictional and nonjurisdictional grounds. Under the settled rule announced by this court in numerous decisions, this constituted a general appearance, and thereby defendant submitted itself to the jurisdiction of the trial court. Richardson v. First Nat. Bank of Seminole,
Defendant next contends that the property is not sufficiently described in the journal entry of judgment to enable the officers executing the judgment to locate the property, in that the property is not shown to be in Oklahoma City, or even in Oklahoma county. The journal entry recites that the action is brought to foreclose assessments to pay refunding street improvement bonds issued by the city of Oklahoma City, Okla., in refunding street improvement district No. 949, and describes the property as lots 5, 6 and 7, block 16, Capitol Hill addition. It further directs the payment of the judgment to the city treasurer of Oklahoma City, and that he show the payment on his records. This sufficiently shows that the property is in Oklahoma City, Oklahoma. 33 C. J. 1209, § 147.
Defendant also contends that the price paid by plaintiff at the sheriff's sale was grossly inadequate, and so disproportionate to the value of the property that, when considered in connection with irregularities in the obtaining of the judgment, it was and is entitled to have the sale vacated under the rule announced in Long v. Brown,
Affirmed.
GIBSON, C.J., HURST, V.C.J., and RILEY, BAYLESS, CORN, and ARNOLD, JJ., concur. *493