The Trial of Title to Land in Oklahoma: Being a Treatise on the Law of Real Estate, with Practice, Forms, and Procedure, Band 1

Wellington Lee Merwine

W.H. Anderson Company, 1913 - 1838 Seiten

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SECTION PAGE	lxxvii

Procedure for agricultural and grazing leasesNot to be longer	lxxx

942	xc

1298a The allotment certificate sufficient to make proof case when	ci

PROCEDURE BY WHICH THE COURT ACQUIRES POWER TO TRANSFER REAL	1

SECTION PAGE 2075 Form for application for mineral lease other than oil and gas 1568	2

THE ACTION BY WHICH REAL ESTATE IS PARTITIONED	4

Effect of allotment certificateHow placed in possessionMat	6

Laws investing certain estates in widow and children not repealed	462

How widow may proceed when dower not assigned in due time form of petition for dower	463

Constructive service	464

Commissioners to be appointed and their duties	465

Heirs alienation of land not to affect widows dower	466

Form for the petition for the assignment of dower	468

Decree of court awarding dower to widow	469

The writ of dower issued by the clerk of the sheriff	470

Restrictions upon alienation of the Five Civilized Tribes 1403	8

Proceedings of county court how construedEffect of	9

a IN THE DISTRICT COURT	10

BECTION PAGE 20 VenueReal property in one or more tracts in two or more countiesAction may be brought in eitherSpecific per formance	12

General provisions for the enforcement of this supplemental	14

of action arose except	19

VenueActions against transportation or transmission com paniesTurnpike road companies	20

VenueWhere domestic charter provides place for suit	21

VenueWhere every other action must be brought	24

VenueThe action for divorce	25

CHAPTER III	26

Preliminary statement	27

The actionHow commenced	28

copy obtained	29

Summons not fatally defective whenSummons in foreclosure Judgment for more than amount indorsed on summons	30

Summons may issue to another county when	31

Motion to vacate in cases pending in the Supreme Court 1060	33

SummonsService and return	34

How objection made to irregular serviceMay plead to merits without entering appearance how	35

Alias summons may issue when	36

SummonsService by responsible citizenVerification of re turn	37

Return must state what	39

The officers return may be corrected by amendment	42

When acknowledgment of service equivalent to service of sum mons	43

SummonsService on corporations	44

Choctaw Chickasaw Creek and Cherokee nationsWhere plats	45

When no resident agent designated service of summons upon foreign corporation may be upon secretary of state	46

Constitutional provision as to service of summons upon foreign corporation	47

SummonsCertificate of appointment of designated agent	47

Failure to designate agent local agent may be served when	48

Service on insurance company	49

The affidavit required for service by publication	53

Application to set aside constructive service and proceedings under it not a collateral attack when	56

The affidavit for service by publication may be corrected by amendment when	58

Service by publication when and how made	60

Service by publication complete whenProof of publication	62

616	63

Judgment on service by publication may be opened up how Procedure as toGood faith purchasers	64

Service by publication on unknown heirs	65

Procedure against several defendants on promissory note	66

Judgment in the action no bar against defendant not served	67

CHAPTER IV	69

Allotments to Delawares who are members of nation 1328	71

employ an attorney when	72

Actions by or against infantsGuardian ad litem allowed at torneys fee for counsel employed by him in allowance of his own account when	73

Actions by or against infantsThe next friend no party to the actionMay employ counsel	76

Actions by or against infantsStatutory provisions	78

Actions by or against infantsThe service of summons upon an infant under fourteen years of age Over fourteen years of age	79

Action by infant after disability of infancy removedPro cedure in action on becoming of age	81

82b Conveyance by minor Creek freedman void	82

CHAPTER V	83

Preliminary statement	84

The judgment must be confined to the issues	86

The judgment must conform to the verdict	88

Judgments without jurisdiction of the parties or the subject matter are void	89

attacked	91

Judgment of the court as between the parties final	92

The effect of the finding of the court of facts giving it power to enter judgment	94

Effect of void and voidable judgments	95

Void judgments	97

Judgments may determine ultimate right of partiesJudg ment may be rendered against one or more parties	98

Plaintiff may dismiss certain actions	99

Dismissal may not affect setoff or counterclaim when	100

Judgment ordering conveyanceBy whom and how secured	101

Judgment by confession	102

Cause of action must be stated briefly in judgment	103

Judgment must conform to the verdict	104

Judgments concerning infants set aside when	105

Judgments in district court on cases appealed from county court	106

Abstract of title press copies of writings etc admissible	107

The clerk to make complete record in case when	108

Upon failure of clerk to make complete record court may do so	109

Judgment lienGeneral discussion	110

Judgment of county court lien on real estate	111

Judgment recorded in office of register of deedsEffect of	112

Res adjudicata	113

The procedure by which judgment is obtained on warrant of attorney to confess judgmentForm for the petition	114

The answer confessing judgment	115

The judgment by confession	116

CHAPTER VI	117

1575 Order of court appointing receiver 1066	118

General statement	119

The praecipe for an execution	120

The property subject to levy and execution	123

The command of the execution	125

The priority in case of several leviesThe office must endorse on the writ the date he received it	126

If no goods to levy on real estate	127

The officer may require bond before levying on goods claimed by third party	128

The notice of saleInventoryGoods taken on execution	129

praisers View of the premises	130

The appraisement must be made on actual view	131

Parol evidence may be introduced to show mistake in appraise mentAppraisement set aside when	132

The sale may be made without appraisement when	133

The return of the appraisement	134

The land cannot be sold for less than twothirds of the ap praised valueExceptions as to claims due state	135

The legal notice of sale under the execution	136

The sheriffs return of his proceedings under the writ	138

When objection to the confirmation of sale should be made	140

The irregularities that are and are not corrected by the con firmationThe procedure	141

Power deemed absolute 986	142

The sheriffs deed to the purchaser	144

Printers fee to be advanced whenOfficer must demand same when	145

Where sale must take placeOfficer or appraiser may not purchasePersons in trust relations may not bid at their own sales	146

When one other than the officer making the sale may execute the deed	147

The remainder of the proceeds of sale to be returned to de fendant	148

The reversal of the judgment does not defeat title of the pur chaser	149

The writ of execution to be returned in sixty days	151

When execution may issue to sheriff of another county	152

Money collected by execution in another county may not be returned by mail	153

Officer on amercement may collect original judgment when	154

SECTION PAGE 174 Equitable interest in lands subject to levyStocksChoses in action	155

Pleading practice and procedure the same in the county court as in the district court	156

Execution to conform tu judgmentSpecial cases	157

Judgment of a justice of the peace becomes a lien on the real estate when	158

Justice to certify costs	159

The praecipe for summons	160

The sheriffs return	161

The affidavit in proof of insanity	162

The answer of guardian ad litem for insane defendant	163

The execution	164

The sheriffs return of his proceedings under the execution	165

The appraisement by the sheriff of real estate under levy of executionThe oath of the appraisersThe appraisement	166

Sheriffs publication of notice of sale of real estate under the levy and execution	167

The proof of publication of sheriffs notice of sale of real estate	168

The order of the court approving and confirming the sale of real estate under the execution	169

Sheriffs deed where real estate is sold under the ordinary writ of execution	170

Procedure where real estate is sold under a venditioni exponas The sheriffs return	172

The praecipe for the venditioni exponas	173

The appointment of appraisers under a venditioni exponas The oath of appraisersThe appraisement	174

The legal notice by the sheriff under a venditioni exponas	175

Proof of publication of sale by sheriff under a venditioni ex ponas	176

SECTION PAGE	177

The sheriffs legal notice of sale of real estate under the order	186

CHAPTER VII	193

Sale of land by guardian 1355	194

The hearing of the petition by the courtThe proof in such	199

SECTION PAGE 1458 Reservation from sale 1008	200

SECTION PAGE 232 When person interested may apply for order of sale	203

The notice in case of private sale	204

Balance of purchase price secured by mortgage	205

Objections may be made to confirmation of sale	206

The deed to the purchaser	207

Facts to be proved before confirmation of sale	208

When in an estate by will an executor may sell real estate without order of court	209

Devisees and legatees must contribute to pay debts when	210

The purchasers bond and its condition	211

The mortgagee may be a purchaser	212

Fraudulent sale by administrator or executorLiability in double the value of the property	213

The sale by an executor or administrator must be returned at the next term of the county courtThe return of sale to be verified	214

Executor or administrator not required to sue unless upon application of creditors	215

How publication made	216

When description of real estate need not be published	217

The petitionOrdinary form	218

The order for the hearing	219

The notice of the hearing and the proof of posting the same Proof of mailing	220

The proof of publication of the notice of the hearing of the petition	221

The decree for the sale of real estate	222

The order appointing appraisers of real estate	223

Former warrants to be redeemed at once 1036	224

The report of sale of real estate by administrator	225

The notice of the hearing of administrators return of sale of real estate	226

Order for hearing of the return of sale of real estate by an administrator	227

The notice of hearing return of sale of real estate	228

The legal notice of sale of real estate by an administrator and the proof of posting same	229

The notice of publication and the proof of sale	230

The appraisal before private sale of land by an administrator	232

The form for a deed to purchaser of real estate at an admin istrators sale thereof	234

Choctaw Chickasaw Creek and Cherokee nationsAppoint	235

CHAPTER VIII	237

Introductory statementThe statute must be strictly followed	238

An auxiliary remedy allowed only after suit is brought	239

When the action is deemed commenced	240

The grounds for attachment	242

When the defendant or one of several defendants are nonresi dents of the state	243

RESTORATION OF RECORDS OF TITLE TO REAL ESTATE WHEN LOST	244

Has absconded with intent to defraud his creditors	245

When the debt has been fraudulently or criminally incurred	246

SECTION PAGE 295 Fraudulent disposition of property	247

The attachment bondAttorneys fee	248

The order of attachment may be issued to different counties	249

The order in which the writ is to be executed	250

The officer may leave property in possession of whomReten tion bond	251

What the officers return of the order must show	252

Sheriff to act as receiver when	253

Judgment in the actionHow satisfied	254

May order retaking of property	255

The defendant may move to discharge attachmentThe evi dence in the case	256

The procedure by which real estate is sold under a writ of attachmentThe form of the petition in such case	257

The form for the affidavit in attachment	258

The form for the bond in attachment	259

The form for the order of attachment issued by the clerk to the sheriff	260

The form for the affidavit for service by publication upon a nonresident defendant in attachment	261

The form for notice by publication	262

The order of sale in attachment proceedings	263

SECTION PAGE	267

Choctaw Chickasaw Creek and Cherokee nationsAppraise	269

May retain money and property to enforce lien when	273

The form for the judgment and order of sale of the attached property	274

The settlement without the notice to or knowledge of	279

Contract of infant or next friend to employ counsel when	286

SECTION PAGE 355 The power of infant or next friend to employ counsel	291

The employment of an attorney is a necessary and the infant alone may make the contractA necessary in an action for personal injury	292

The action does not abate on the death of the next friend Counsel fees in such case should be paid	295

The law as to procedure after judgment	296

Power of secretary of the interior to cancel selection	300

Form for decree of court foreclosing lien of attorney for services	301

Form for order of sale directed from the clerk to the sheriff	303

Form for the appraisement of the real estate	304

The form for the oath of the appraisers	305

Form for proof of publication of notice of sale of real estate	306

Form for the sheriffs return of his proceedings under the writ	307

Form for confirmation of sale	308

Form for sheriffs deed to the purchaser of said real estate	309

CHAPTER X	311

The appraisal of the real estate	312

The order of the court appointing appraisers	313

The petition to sell real estate at private sale subject to in cumbrances	314

The order to sell real estate at private sale subject to incum brances	315

The entry confirming such sale	316

The order of the court authorizing sale at public auction	317

The order and decree of the court authorizing such sale	318

CHAPTER XI	321

CONVEYANCE OF REAL ESTATE AND PROCEDURE CONNECTED THEREWITH 385 Who may hold convey and mortgage real estate	322

Witnesses to execution of conveyances not neoessary	323

When husband or wife may convey homestead	324

Deeds executed by sheriff how acknowledged	325

Contract valid against third persons when	326

Innocent purchasers protected when	327

The form for the order of sale issued by the clerk to the sheriff in attachment proceedings 265	328

The form for the legal notice of sale of real estate under at tachment proceedings 266	329

Who may recover on warrantyAttorneys fees	330

What instruments of conveyance may be used as evidence in court	331

Corporation may convey by attorney when	332

Will may be recorded with like effect as deed when	333

Before whom acknowledgments may be taken	334

Difference in form for a warranty and quitclaim deed	335

When corporate seal to be attached to instrument	336

Form for deed conveying life estate with remainder over	337

Form for deed conveying remainder estate subject to a life estate	338

Form for deed by tenant for life	339

Form for power of attorney to sell and convey real estate price and terms discretionary	340

Form for petition for breach of covenant against incumbent	342

THE PROCEDURE BY WHICH A CONTRACT FOR THE PURCHASE AND SALE OF REAL ESTATE IS SPECIFICALLY ENFORCED	343

Preliminary statement	344

Contract must not be unconscionable	345

Contracts specifically enforced though vendee at fault	346

Defective description cured whenVendor estopped to object when	347

Contract by agent without naming principal cannot be spe cifically enforced	348

Performance will not be decreed where title is defective	349

The evidence required in proof of the contract	350

The statute of fraudsThe writing excludes all other nego tiations	352

Statute of fraudsPart performance satisfies the statute Possession	353

Statute of fraudsVerbal contract partly performed may be specifically enforced	354

Statute of frauds Description defectiveUndisclosed principal	355

Decree may contain terms of mortgage agreed upon by con	359

Surveys for Clarksville Coweta Gibson Station and Mounds 1163	362

Form for petition to compel specific performance of agreement	366

Federal law providing for the filing recording and acknowl	370

The statutory regulations as to when party may rescind	372

SECTION PAGE 480 Another form for cancellation of deeds mortgage and lease	376

Decree of court canceling instruments set forth in the petition	378

Another form for decree for cancellation of deeds	379

CONVEYANCESREFORMATION OF INSTRUMENTS OF 483 The parties defendant in an action to reform an instrument of conveyance	381

on	382

When a court of equity should interfere	383

The instrument may be reformed and specific performance decreed	384

The rule as to bona fide purchasers	385

A deed may be corrected so as to make the grantee assume existing mortgages when	386

Estoppel	387

Form for petition correcting description in a mortgage and set ting aside a release of mortgage made under mistake	388

Decree of court correcting said mortgage finding service by publication and appointment of guardian ad litem for minor defendants	389

Procedure by which a deed is reformedForm for petition	392

Form for praecipe	396

Form for summons	397

Form for affidavit for service by publication	398

Form for the notice	399

Form for proof of publication	400

CONVEYANCES IN FRAUD OF CREDITORSTHE LAW AND PROCEDURE 504 Fraudulent conveyance The statute	404

Rules and regulations 1009	405

The preference by mortgage	406

The preference may be given under a general assignment for the benefit of creditors	407

Exceptions as to exempt property	408

Question of fraudulent intent one of factExceptions	409

The procedure by which a conveyance in fraud of creditors is set asideThe petitionOrdinary form	410

Petition of judgment creditor to set aside fraudulent mortgage and marshal liens	411

ises	413

Petition to set aside fraudulently confessed judgment and deed made thereunder	415

Another form for petition to set aside fraudulent deed	416

CHAPTER XII	419

General discussion	420

Dower and curtesy abolished in Oklahoma	421

What property passes to the heirs	422

Inheritance from an illegitimate child	423

The lines ascending and descending	424

Advancement of childs part	425

AdvancementWhen the descendant receiving it dies before decedent	426

Heirs must pay obligations of decedent	427

Where decedent leaves no surviving husband or wife	428

Where property acquired by joint industry of husband and wife	429

Where decedent leaves a surviving husband or wife no issue	430

SECTION PAGE 568 Advancement by settlement of portion to childHow reckoned	433

Date of removal of restrictions 1274	434

Posthumous children	441

Where there is default of father and mother	449

Leases for mining purposes 1012	450

and effect ofWhen not equal to share of estateValue of such advancement how ascertained Maintenance edu cation and the like not to be taken as ad...	451

ARKANSAS STATUTE OF DESCENTDOWER AND ASSIGNMENT THEREOF	453

Widows dower in lands	454

Mortgage of husband not to affeot widows dower	455

Widow no dower in lands held by her husband as mortgagee	456

When assented to by wife to bar dower	457

When provision in lieu of dower forfeited	458

Duty of commissioners appointed to lay off dower	459

Widows dower descends how	460

Widow may relinquish dower and take absolutely a childs share of the estate	461

The decree of the court confirming the report of the commis sioners assigning dower	471

613a Curtesy under the Arkansas lawTenant by curtesy defined	472

PUBLIC LANDS	473

Court of claimsAppealContest 1342	474

Who may make a will	476

Insane delusion	477

Undue influence duress menace fraud	478

Improvements made by members of one tribe on lands of	480

Undue influence execution evidence of	481

Undue influenceThe admissibility of evidence of testators declarations as to undue influence Declarations of the beneficiary	482

The burden of proof in case of testamentary incapacity	483

Construction of statute as to noticeLimitation of action as to heir	486

Rights of married woman	488

Will may be made to anyone capable of taking	489

A conditional will may be denied probate	490

Nuncupative will need not be in writing	491

Change of domicile	492

SECTION PAGE 637 When the county judge may open will	493

Effect of partial erasure	494

Marriage of woman revokes will	495

Partial disposal after will	496

Devisees descendants take property	497

Gift to a witness void	498

Intention of testator governs	499

Irreconcilable parts	500

Validity of will favored	501

Residue of personalty	502

Class includes all	503

Testamentary dispositions vest at death	504

SECTION PAGE 685 Condition precedent defined	505

Legacies classified	506

For payment of legacies	507

Class only affected	508

Income after death	509

Authority void when	510

Will may be recorded with like effect as a deed	511

INDIAN LAND LAWSFEDERAL LAW RATIFYING AND CONFIRMING A SUP	512

712b WillChoctaw and Chickasaw	513

THE PROCEDURE IN THE PROBATE AND CONTEST OF A WII	514

SECTION PAGE 757 When all executors named are not appointed those appointed	515

Jurisdiction of probate court	516

Under substitution of jurisdiction rights remain the same	517

Oustodian of willsThirty daysMust deliver to whom	518

When executor held to renounce his right to letters	519

Notice to heirsHow given	520

Proof of service of noticeHearing proof of will	521

Form for the order authorizing lease 1597	524

may actWhen coexecutor may act for all	531

Administrators with will annexed have sanie authority as executors	532

Letters of administration with will annexedForm of	533

Another form for will leaving estate to wife also giving execu trix power of sale and compromise	534

Another form for will making specific bequests with devise to widow for life or during widowhood with residuary clause	536

Form for a provision in a will in trust for wife during life with remainder to children advancements to be deducted	537

Form for provision in a will giving power to trustee to con tinue business	538

Form for devise to wife for life with remainder to children	539

The procedure by which a last will and testament is admitted to probate The form for the petition for probate of a will	540

Form for order of hearing petition for probate of a will	541

Form for proof of posting and mailing the foregoing notice	542

Form for protest of heirs against allowing probate of last will and testament	543

Form for order appointing guardian ad litem for infant heirs	545

Form for the protest of guardian ad litem of minor heirs against the probate of the alleged last will and testament	546

Form for the answer of proponents to protestants to said will	547

Form for order of court admitting will to probate	548

Form for order of court refusing to probate last will and testa ment	550

The procedure by which a will is contested after the same has been admitted to probateThe petition in such case	551

Duration of estates in real property	552

Form for praecipe for summons in such action	553

Form for agreement by parties to have cause referred to special judge for the determination of the question as to the setting aside of the will in contro...	554

Form for official oath of special judge	555

Form for sheriffs return of his service of said citation	556

Instrument insufficient to pass estate when	557

Form for reply to answer	558

judge	559

Form for petition for the probate of a foreign will	560

Form for certificate of proof of foreign will	562

Form for order admitting foreign will to probate	563

The procedure by which a lost will is admitted to probate	564

Form for order of hearing petition to take proof of lost will	565

Form for proof of publication	566

Form for the annexed notice by publication	567

Form for notice of the hearing of the proof of lost will	568

Form for proof of publication of the foregoing notice	569

CHAPTER XIII	571

Forcible entry and detainer a misdemeanor	572

The notice to quitHow served	573

The proof of service of the notice	574

The justice shall give restitution when	575

The action will never try title 676	576

The action will lie against the holder of a valid title who acquires possession by force	577

The complaint	579

Service of summons	580

Trial and judgment by justice	581

Trial and verdict by jury	582

The issues on appeal to the county court	583

Stay of proceedings	584

Form for complaint for peaceable entry and forcible holding	585

Form for complaint against occupier of lands without color of title	586

Another form for complaint	587

Form for summons and officers return of	588

Form for affidavit for continuance	589

Form for verdict for plaintiff	590

Form for judgment on the verdict	591

CHAPTER XIV	592

in conducting same	594

Form for allotment certificate Chickasaw Nation 1606	595

Court proceedings records orders and judgments of county courts construed to have same effect os those in district courts	596

The service of process in the county court	597

Wards real estate may be sold for the payment of his debts	598

Guardian may sell wards real estate to maintain and educate him 399	599

Application of the proceeds of such saleInvestments How 845 The petition for the sale of real estate by guardian	600

The notice to the parties where and how postedThe mailing of the notices	601

The order as to costs in case of objection to the sale	602

The guardian to comply with the statutes created applicable to administrators and executors sales of real estate	603

The statute of limitations as to order of sale	604

858a Summary of necessary steps to subject lands of minor to sale	605

The procedure by which a guardian may sell real estate of his wardThe form for the petition	607

The order for hearing the petition to sell wards real estate	608

Form for report of the sale by guardian	614

Procedure by which guardian is authorized to loan funds	621

The form for the order approving and confirming loan	627

The procedure by which lost records are restored 1103	629

Form for the oath of guardian to inventory and appraisement	633

SECTION PAGE 895 Form for the certificate of appraisers	635

Form for petition to sell real estate by guardian	636

Form for oath to petition	637

Form for waiver of notice of hearing petition by next of kin and persons interested	638

Form for the affidavit of publication	639

905 Form for the order appointing appraisers	640

Form for the decree of sale of real estate by guardian	642

Form for notice of sale of real estate	643

Form for the affidavit of posting notice	644

Form for affidavit of posting notices	645

Form for the proof of legal notice	646

Form for the legal notice of sale of real estate by guardian	647

Form for the additional bond of guardian	648

Form for the oath of sureties	649

Form for oath of guardian to return	650

Form for order for hearing return of sale of real estate	651

Form for affidavit of posting notices of hearing return	652

CHAPTER XV	654

Homestead in forty acres for the Indian and freedman	655

INDIAN LAND LAWS	656

The homestead law a constitutional provision	657

What property exempt from attachment or execution	658

Homestead shall consist of what may be mortgaged	659

AbandonmentWaiverForfeiture	660

When husband or wife may execute instrument without the other joining	661

homestead	662

Property of decedent to be delivered to family at once the homestead	663

Selection of the homestead	664

Personal property not exempt when	665

Notice to be served and upon whom	666

Form for order for hearing petition	667

Form for notice to be served on nearest male relative in state	668

Form for order authorizing sale of homestead of insane hus band	669

Form for deed in such case	670

CHAPTER XVI	672

Preliminary statement	673

Tenant from year to yearMonth to month	674

To hold from one period to another when	675

Tenancy from year to yearHow terminated	676

Rent not paidNotice to quitTen days	677

Tenant not to assign interest when	678

Sublessees	679

Joint tenants	680

Share of crop as rentLessors rights in	681

Landlord may attach when	682

Attachment to enforce lien on crop when	684

Lease must be in writing	685

NoticeClassesActualConstructivePresumptions of con structive notice	686

Requirement as to writing or printing of lease	687

Form for lease of furnished house	688

Form for lease for apartment	691

Form for lease of storeroom with chattel mortgage clause	694

Form for affidavit of lessee proof of bonus and no develop	696

Form for assignment of lease indorsed on lease	698

Form for ninetynineyear lease renewable forever	699

Form for petition by landlord to recover lien on crop sold by tenant to purchaser with notice	705

Form for petition replevying landlords share of crop	706

Form for affidavit of replevin in such case	707

Form for writ of replevin	708

Form for affidavit in attachment for rent on farm land	709

Form for order of attachment for rent on farm land	710

Form for notice to tenant to quit premises	711

Form for affidavit of service of notice to quit	712

CHAPTER XVII	713

The origin and nature of the law	714

The right to assert the lien may be waived how	715

The lien attaches to leasehold interests when	717

The title necessary to support a lien	718

Subcontractors lienStatementTime when same is filed Notice to the owner	719

Materialman and laborer furnishing material and labor to fraudulent grantee protected when	721

ProcedureAll lien claimants to be made parties	722

The action to foreclose mechanics lien and the procedure incidental to the action	724

Actions to enforce liens consolidated when	725

Owner may file petition making the lien claimants parties and ask for an adjudication	726

Bond of contractor for public building	727

Lien for one who has performed labor for a railway company	728

The notice to be given	729

Subcontractor may obtain lien in same manner as contractor	730

Form for petition foreclosing subcontractors lien	731

Procedure by which a mechanics lien is foreclosedThe peti tion for foreclosure of lien setting forth a single cause of action upon a materialmans lien	735

Form for answer admitting the allegations of the petition and consenting to the prayer thereof	737

Form for notice for service by publication for nonresident defendant	738

Form for the affidavit for service by publication	739

Form for service by publication	742

Form for proof of publication	743

SECTION PAGE 1046 Form for execution in such case	746

Form for appraisement of real estate	747

Form for publication of sheriffs sale of real estate	748

Form for proof of publication	749

Form for order of court approving sheriffs sale	750

Form for sheriffs deed to purchaser	751

CHAPTER XVIII	754

The venue of the action to foreclose a mortgage	755

Procedure Necessary parties to the action	757

The law and procedure in foreclosing a mortgage when one not a party to the action assumes it and agrees to pay it	758

The indorsement on the summons in the action to foreclose a mortgage	759

Personal judgment in foreclosureMay order payment of costs and attorney feesDuty of sheriff when tracts lie in dif ferent countiesPledge of real estat...	760

Procedure after sale in foreclosure of mortgage	761

When husband or wife may mortgage homestead	762

Who estopped from denying validity of mortgage	763

Mortgages how acknowledged	764

Parol evidence admissible to show nature of transaction	765

Separate instrument with defeasance to be deemed parts of each other	766

Such instrument deemed an assignment	767

Duty of register of deeds when mortgage is presented for record	768

ive of	769

Another statutory form for mortgage	770

Discharge noted by recording officer when	771

Noto and mortgage construed together	772

Form for petition for foreclosure of mortgage where third party assumes the mortgage and agrees to pay it	773

Form for petition for foreclosure of a mortgage where succes sive grantees have assumed and agreed to pay it	775

Form for petition seeking to reform a mortgage and foreclose the same marshaling the liens	778

Form for petition in an action to declare a deed a mortgage and foreclosing the same	780

The procedure by which a mortgage is foreclosedThe form for the petition in foreclosing a building and loan mortgage	782

Application for the appointment of a receiver	787

The order appointing receiver	788

Affidavit for service by publication	789

Notice by publication	790

Decree of foreclosure	791

The order of sale directed from the clerk to the sheriff	793

The legal notice of the sale by the sheriff under the decree of foreclosure	795

The proof of publication of notice of sale	796

Sheriffs return of his proceedings under the writ	797

Sheriffs deed to the purchaser	798

OCCUPYING CLAIMANTS LAW 3 QUIET TITLE 4 PARTITION a IN DISTRICT COURT b IN COUNTY COURT 5 EVIDENCE IN REAL ACTI...	801

SECTION PAGE 1111 The nature of the old action of ejectment	802

Intances where ejectment a proper action	804

Plaintiff may recover where shown to be entitled to only a part of the land in controversy	807

Ejectment will not lie to recover under oil and gas mining lease where lands undeveloped	808

Plaintiff must recover on the strength of his own title	809

Possessory title will prevail when	810

The action may be an equitable action as well as legal	811

A joint tenant out of possession may not have partition with out joining a cause of action for possession	813

Actions by or against executors for the recovery of real estate	814

The allegation of the answer in ejectmentPossession ad mitted when	816

The allegations of the answer of a cotenant	817

Recovery of rents and profits by cotenant	818

Possession in ejectment may be awarded the defendant who pleads by crosspetition 1132 Judgment	820

Neither party may contest prior deed when	821

Action by an occupant of a town lot before legal title has passed from the government	822

The statute of limitations in actions concerning real estate	823

Legal disability as to real property	824

The burden of proof	825

Verdict where right of action changes pending suit	826

Restitution by sheriffCrops belong to what party	827

Costs for plaintiff on recovery in ejectment	828

Procedure in ejectment where trial by jury is waived and the cause submitted to the court sitting as a juryThe form for the petition	829

Form for answer	830

Motion for a new trial	831

The procedure by which the possession of real estate is recov eredThe form for the petition when damages are asked	832

The answer containing a general denial	834

Instructions to the jury	835

Motion for new trial	836

Form for judgment for plaintiff on the verdict	837

Form for judgment on verdict for defendant	838

THE OCCUPYING CLAIMANTS LAW 1163 Preliminary statement	840

until improvements are paid for	841

Occupant must have color of titleDefinition of term	842

Instances where occupant not allowed for improvements	844

Improvements for which the occupant may be paid	845

Tax title which will support the claim for improvements	846

Construction of the occupying claimant statutes	847

Judgment for value of improvementsExecution thereon	849

CHAPTER XXIV	851

The nature of the action	856

The nature and effect of a decree quieting title	862

Form for praecipe for summons	871

The decree of the court quieting title	877

SECTION PAGE 1198 Nature of the proceedingEquitable and statutory	879

One tenant cannot effect partition by deed conveying his interest by metes and bounds	882

Construction of partition by mutual releases	883

Remainderman or reversioner cannot have partitionThe exception to this rule	884

Heirs may not have partition of homestead occupied by wife and family	885

The real estate must be described in the petition to partition	886

The allegations of the answer	887

Heirs not divested by foreclosure proceedings when	888

The commissioners in partition	889

The report may be set aside when	890

The sheriffs return and deed	891

The doctrine of lis pendens as applied to partition suits	892

Form for petition for equitable partition when advancements have been made	894

Form for petition where an account for rents and profits is asked	896

The proceeding by which real estate is partitioned by the courtThe ordinary form for partition	897

Form for answer of defendant disclaiming any interest in the real estate	899

SECTION PAGE	914

Allotment Persons entitled 1352	919

Form for oath of the commissioners in partition	923

Proof of title in the action to recover land	931

Form for stipulation increasing oil royalty and extending term	935

Copies from any public record how certified and how admitted	937

Lands reserved and segregated from allotment 1194	939

Lessee in defaultForfeitureProcedure 1023	951

Andere Ausgaben - Alle anzeigen

The Trial of Title to Land in Oklahoma: Being a Treatise on the Law of Real ...
Wellington L Merwine
Keine Leseprobe verfügbar - 2015

TRIAL OF TITLE TO LAND IN OKLA
Wellington L. (Wellington Lee) Merwine
Keine Leseprobe verfügbar - 2016

Alle anzeigen »

Häufige Begriffe und Wortgruppen

action administrator affidavit alleged amount answer appear application appointed appraisement attachment attorney authority brought cause claim clerk Code contract convey conveyance copy corporation costs county court creditors day of 19 deceased decree deed defendant described directed district court duly effect entered execution executor fact filed Form give given guardian ad litem hands hearing heirs held identical infant interest intestate issued judge judgment jurisdiction Kansas lands levy lien manner matter ment minor mortgage N. W. Neb named necessary notice officer Ohio Okla Oklahoma party person petition plaintiff possession premises probate procedure proceedings proof proper publication purchaser real estate record rendered residence rule sale of real sell served sheriff Snyder sold statute sufficient suit summons therein thereof tion unless void wife Wilson WITNESS writ writing

Beliebte Passagen

Seite 94 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.

Wird in 259 Büchern von 1777 bis 2005 erwähnt

Seite 486 - A holographic will is one that is entirely written, dated and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of this state, and need not be witnessed.

Wird in 207 Büchern von 1851 bis 2002 erwähnt

Seite 400 - Every transfer of property or charge thereon made, every obligation incurred, and every judicial proceeding taken, with intent to delay or defraud any creditor or other person of his demands, is void against all creditors of the debtor, and their successors in interest, and against any person upon whom the estate of the debtor devolves in trust for the benefit of others than the debtor.

Wird in 117 Büchern von 1862 bis 1996 erwähnt

Seite 47 - ... to or the subject of which is real or personal property in this state...

Wird in 210 Büchern von 1848 bis 1998 erwähnt

Seite 418 - The executor or administrator is entitled to the possession of all the real and personal estate of the decedent, and to receive the rents and profits of the real estate until the estate is settled, or until delivered over by order of the court to the heirs or devisees; and must keep in good tenantable repair all houses, buildings, and fixtures thereon which are under his control.

Wird in 69 Büchern von 1872 bis 1992 erwähnt

Seite 347 - An agreement that by its terms is not to be performed within a year from the making thereof; 2.

Wird in 345 Büchern von 1790 bis 2007 erwähnt

Seite 316 - Given under my hand and seal the day and year last above written. My commission expires Notary Public Notary Acknowledgment of Signature by Mark State of County of , ss : Before me, , a Notary Public in and for said County and State on this day of...

Wird in 337 Büchern von 1860 bis 2005 erwähnt

Seite 347 - An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; such an agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent is in writing, subscribed by the party sought to be charged.

Wird in 275 Büchern von 1836 bis 2006 erwähnt

Seite 94 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...

Wird in 319 Büchern von 1819 bis 2004 erwähnt

Seite 493 - ... the testator, such issue shall take the estate so given by the will, in the same manner...

Wird in 179 Büchern von 1830 bis 1999 erwähnt

Bibliografische Informationen

QR code for The Trial of Title to Land in Oklahoma

Titel	The Trial of Title to Land in Oklahoma: Being a Treatise on the Law of Real Estate, with Practice, Forms, and Procedure, Band 1 Making of modern law The Trial of Title to Land in Oklahoma: Being a Treatise on the Law of Real Estate, with Practice, Forms, and Procedure, Wellington Lee Merwine
Autor/in	Wellington Lee Merwine
Verlag	W.H. Anderson Company, 1913
Original von	Harvard University
Digitalisiert	7. Mai 2008
Länge	1838 Seiten

Zitat exportieren	BiBTeX EndNote RefMan

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