“ Mayes called the court's attention to the fact that the supreme court had held that the issue of fraud had not been presented by the pleadings, and they asked leave to file amended answers to the intervention of Keys & Company, in which they denied the existence of any debt from Mayes to Keys & Company, averring that the mortgage was defectively acknowledged, was fraudulent in law and in fact, or, if originally good, had lost its validity against creditors of Mayes because he had been permitted to retain possession of the herd. ”

“ The court, however, confirmed the report, and made the additional finding that 'the mortgage of C. M. Keys & Company is an absolute fraud by reason of their failure to renew or to advise people in any way, shape, or form of the various payments that had been made and the transfers that had been made.' The court directed that the real estate should be sold and the proceeds applied in the order of priority heretofore set out. ”

“ The Bank of Claremore levied an attachment upon cattle of Mayes, who had given several mortgages on the herd. The property did not sell for enough to pay all of the liens, and the various creditors united in an attack on the mortgage to Keys & Company, which, being the oldest in date, would, unless defeated, take all of the fund. This mortgage, however, was sustained by the supreme court of Oklahoma, and three of the contesting creditors brought their cases here. ”