of which he is sheriff. No real estate can be sold for the payment of any money, or performance of any contract, or agreement, in writing, in security for which it may be pledged or assigned, except in pursuance of a judgment of a court of competent jurisdiction, ordering such sale.15

Sec. 98. Judgment ordering conveyance-By whom and how secured.

When a judgment is rendered for a conveyance, release or acquittance, in any court of this State, and the party against whom the judgment is rendered, does not comply therewith by the time appointed, such judgment will have the same operation and effect, and be as available as if the conveyance, release or acquittance had been executed conformably to such judgment; or the court may order such conveyance, release or acquittance to be executed in the first instance by the sheriff; and such conveyance, release or acquittance, so executed, shall have the same effect as if executed by the party against whom the judgment was rendered. This paragraph applies to decrees rendered or to be rendered in suits now pending.**

Sec. 99. Judgment-Failure to answer-Court may take an account.

If the taking of an account or proof of a fact, or assessment of damages, be necessary to enable the court to pronounce judgment upon a failure to answer, or after the decision of an issue of law, the court may, with the assent of the party not in default, take an account, hear the proof, or assess the damages; or may, with like assent, refer the same to a referee or master commissioner, or direct the same to be ascertained or assessed by a jury; if a jury be ordered,

45 Snyder, 5,921; Wilson, 4,588; Kansas, 4,848 (1901), identical. See chapter on Foreclosure of Mortgages,

46 Snyder, 5,922; Wilson, 4,589; Kansas, 4,849 (1901), identical. See chapter on Specific Perform

ance,

it will be on and after the day on which the action is set for trial.47

Sec. 100. Judgment by confession.

Any person indebted, or against whom a cause of action exists, may personally appear in a court of competent jurisdiction, and with the assent of the creditor, or person having such cause of action, confess judgment therefor; whereupon judgment shall be entered accordingly.48

Sec. 101. Judgment confessed by warrant of attorney.

Judgments may be entered upon confession by an attorney, authorized for that purpose by warrant of attorney, acknowledged or proved as conveyances of land, without any previous process or proceeding; and judgment so entered will be a lien from the date of entry.49

Sec. 102. Cause of action must be stated briefly in judgment.

The debt or cause of action must be stated briefly in the judgment, or writing to be filed as pleadings in other actions.50

Sec. 103. Affidavit must be filed before judgment.

Before any judgment may be entered by confession, an affidavit of the plaintiff must be filed, stating concisely the facts upon which the indebtedness arose, and that the amount of said indebtedness is justly due and owing by the defendant to the plaintiff.51

51

Sec. 104. Judgment by confession enforced as other judgments.

Such judgment will authorize the same proceedings for its enforcement as judgments rendered in actions regularly brought and prosecuted; and the confession will operate as a release of errors. 52

Sec. 105. Warrant confessing judgment to be filed.

Every attorney, who confesses judgment in any case, is required, at the time of making such confession, to produce a warrant of attorney for making the same, to the court before which he makes the confession, and the original, or a copy of the warrant, must be filed with the clerk of the court in which the judgment is entered.53

Sec. 106. Confession of judgment by prisoner.

If any person be in custody in a civil action at the suit of another, no warrant of attorney, executed by the person in custody, to confess judgment in favor of the person at whose

95 Pac. 415; McCrairy v. Ware, 50 Snyder, 5,926; Wilson, 4,593; 58 Kan. 797, 51 Pac. 293. County Harn v. Cole, 20 Okla. 553, 95 Pac. attorney has no power to confess 415. judgment against county. Custer v. Chicago, 87 N. W. (Neb.) 341.

51 Snyder, 5,927; Wilson, 5,494. 52 Snyder, 5,928; Wilson, 4,595. 53 Snyder, 5,929; Wilson, 4,596.

suit he is in custody, will be of any force, unless some attorney expressly named by the person in custody, be present and sign the warrant of attorney as a witness.54

Sec. 107. Judgment must conform to the verdict.

When a trial by jury has been had, judgment must be entered by the clerk in conformity to the verdict, unless it is special, or the court order the case to be reserved for future argument or consideration.55

Sec. 108. Judgment on special verdict.

Where the verdict is special, or where there has been a special finding on particular questions of fact, or where the court has ordered the case to be reserved, it must order what judgment shall be entered.50

Sec. 109. Judgment notwithstanding the verdict.

Where upon the statement in the pleadings, one party is entitled by law to judgment in his favor, judgment shall be so rendered by the court, though a verdict has been found against such party.57

Sec. 110. Judgment where counterclaim or set-off exceeds plaintiff's claim.

If a counterclaim or set-off, established at the trial, exceed the plaintiff's claim so established, judgment for the defenant must be given for the excess; or if it appear that the defendant is entitled to any affirmative relief, judgment must be given therefor."

Sec. 111. Judgment on the pleadings.

The Supreme Court of our State, in discussing this subject, has said that it is a form of judgment not infrequently used

54 Snyder, 5,930; Wilson, 4,597. 55 Snyder, 5,931; Wilson, 4,598; Kansas, 4,858 (1901), identical; (Nebraska, 1,428 (1907), identical.

56 Snyder, 5,932; Wilson, 4,599. 57 Snyder, 5,933; Wilson, 4,600. 58 Snyder, 5,934; Wilson, 4,602.

in practice under reformed codes of procedure. It is rendered on motion of the plaintiff, when the answer admits or leaves undenied all the material facts stated in the complaint; before such a judgment can be given where the pleadings of defendant set up a substantial and issuable defense, or where suit is for unliquidated damages, and the answer states matters in mitigation. And, say the authorities in consideration thereof, the pleadings objected to will be liberally construed, and the motion will be denied where there is any reasonable doubt as to their insufficiency.59

Sec. 112. Judgments concerning infants set aside, when.

It is not necessary to reserve in a judgment, or order, the right of an infant to show cause against it after his attaining full age; but in any case in which, but for this section, such reservation would have been proper, the infant, within one

59 Cobb v. Kenefick, 23 Okla. 440, 100 Pac. 545; McAlister v. Welker, 39 Minn. 535, 41 N. W. 107; Kelly v. Rogers, 21 Minn. 146; Giles v. Recamier, 14 Daley (N. Y.), 475; Malone v. Minn., 36 Minn. 335, 31 N. W. 170; Hutchinson v. Myers, 52 Kan. 290, 35 Pac. 732; Black on Judgments, Sec. 15. The motion will be denied where any or all of the pleadings, together, show that the plaintiff is entitled to some relief. Hawkins v. Overstreet, 7 Okla. 277, 54 Pac. 472; McCormick v. Coch, 8 Okla. 374, 58 Pac. 626. Where the essential averments of a petition for commission earned as a real estate broker are the contract of employment and a full compliance with the terms thereof, and the answer, after a general denial, recognizes the procurement of a purchaser by the plaintiff for the land in ques

tion, and an acceptance of the purchaser by the landowner, and discloses further the execution of a binding, valid and enforceable contract of sale between the two and an agreement to compensate the brokers in accordance with the terms of sale; held, that in such case, a motion by plaintiffs for judgment on the pleadings was properly sustained, and the trial court committed no error in rendering judgment for plaintiffs thereon. Yoder v. Randol, 16 Okla. 308, 83 Pac. 537, 3 L. R. A., N.S., 576. As to when judgment should be given to defendant on the pleadings, see St. Louis v. Phillips, 17 Okla. 264, 87 Pac. 420. As to when the court should either sustain motion of defendant for judg ment on the pleadings or rule plaintiff to reply, see Brown Massey, 19 Okla. 482, 92 Pac. 246.

V.