Supreme Court of Oklahoma
Dryden v. Burkhart, Adm'x
December 17, 1946198 Okla. 239
Summary
The court affirmed the order vacating a quiet-title judgment obtained by default against the record owner and unknown heirs. It held that the county court's probate record and decree sufficiently established production and filing of an authenticated copy of the foreign will and probate, and that the probate judgment was protected from collateral attack. The court also declined to consider two arguments not presented below and held that a valid-defense finding was unnecessary because the judgment was vacated during the same term in an equitable action.
Holding
- Waiver of arguments concerning the administratrix's party status and authority to seek vacation. The plaintiff could not prevail on appeal on the arguments that the administratrix was not a proper defendant and was not authorized to seek vacation because those issues were not raised in the trial court.
- Jurisdiction over ancillary probate of the foreign will. The county court had jurisdiction to admit the foreign will to probate and issue letters because the record supported the finding that an authenticated copy of the will and its probate had been produced and filed; a separate clerk's notation of filing was not required.
- Need for a prior finding of a valid defense before vacating the judgment. The district court was not required to find that the applicant had a valid defense before vacating the judgment because the judgment was vacated during the same term in an action of equitable cognizance.
Docket No. 32451