the real estate belonging to said situated in sufficient to satisfy said judgment, I have levied upon certain lands and tenements of said County, to-wit: (Here specifically describe same), and having caused said lands to be appraised according to law, which appraisement was in the sum of $ Now, THEREFORE, notice is hereby given that, in pursuance to the command of said writ, I will offer for sale and sell for cash, to the highest bidder at public auction, said lands above described, or so much thereof as will satisfy said judgment and costs, on the 19-, at o'clock, m., of said day, at the front door of the courthouse in the County, Oklahoma. city of day of Sec. 204. Proof of publication of sale by sheriff under a venditioni exponas. PROOF OF PUBLICATION OF NOTICE. State of Oklahoma, he is the County, ss.: of lawful age, being by me first duly sworn, says that -, a weekly newspaper, printed and County, Oklahoma, and of general circulation in said county and State; that said has been published for more than fifty-two consecutive weeks prior to the dates on which the notice herein referred to was published, and the notice, of which a true copy is hereto attached, was published in the regular and entire edition of said and not a supplement thereof, for weeks, the Sworn to before me and subscribed in my presence this day of 19-. My commission expires Notary Public. Sec. 205. The sheriff's return of the venditioni exponas.* In obedience to the commands of this writ, which was served on me on the day of -, 19, at o'clock, m., of said day, I did, on said day, levy the same upon the interest of the within named in and to the following described lands and tenements, situated in the county of State of Oklahoma, to-wit: (Here specifically describe said real estate), and thereafter, on the and day of -, 19—, I did summon three disinterested householders, residents of said county, who were by me duly sworn to impartially appraise said lands described in the foregoing writ, and return herein, upon actual view, and afterwards, to-wit, on the day of, 19—, said appraisers returned to me under their hands and seals, that they did, upon actual view of the premises, estimate and impartially appraise the value in money of the same as follows: $a certified copy of which appraisement I forthwith deposited in the office of the clerk of the district court of and on the County, Oklahoma, day of, 19—, I caused to be inserted in, a weekly newspaper, printed and published in the English language, and of general circulation in said county and State, said lands and tenements to be sold at public sale, at the front door of the courthouse in the city of County, on the in - m., of said day; and, having advertised the lands and tenements to be sold at public sale at the front door of the court The order of the court confirming and approving the sale by the sheriff, and the order for deed in venditioni exponas, and the form for the deed to the purchaser are the same as set forth in Sections 197 and 198, above. house of County, for more than thirty days prior to the weeks, on the same day of the week day of sale, to-wit: in each week; and, in pursuance to said notice, I did, on the day of 19, at the time and place above mentioned, proceed to offer said lands at public sale at the door of the said courthouse; and then and there came who bid for the same the sum of $ and said sum being more than two-thirds of the appraised value thereof, and said being the highest and best bidder therefor, I then and there publicly sold and struck off said lands and tenements to him for said sum of $ Dated this day of 19-. Sheriff of County, Oklahoma. Sec. 206. The proceedings for sale of levy made under foreign execution-The petition asking for the marshaling of liens and sale of real estate.* Comes now the plaintiff, a corporation not for profit, duly incorporated under the laws of the State of Oklahoma, having its principal place of business at cause of action herein, alleges and states: 1. That on the of the district court of ber day of Oklahoma, and for its 19, by consideration County, Oklahoma, in Case num plaintiff recovered a judgment against fendant, for the sum of $ de with interest on said sum at per cent. per annum from the day of *The præcipe, summons and return thereof by the sheriff are as in Sec tions 184 and 185, above. an execution to be issued on said judgment against the said herein, and against defendant, and against the other defendants in said case, directed to the sheriff of day of 19-, County, Oklahoma, who, on the returned said writ as follows: "No goods, chattels, lands or tenements found whereon to levy this writ, and, for want of same, this writ is returned." 3. That on the day of 19, plaintiff caused an alias execution to be issued on said judgment against the defendant, -, in said action, and against the other defendants therein, directed to the sheriff of County, Oklahoma, who, under said writ, for want of goods and chattels whereon to levy, levied on certain real estate of the defendant, other than ; that said real estate, by virtue of said execution and levy, was sold, but by reason of other prior liens on said real estate, no part of the judgment and costs herein were paid out of the proceeds of said sale. 4. That on the day of, 19, the plaintiff caused another alias execution to be issued on said judgment against said and the other defendants in said action, directed to the sheriff of day of County, Oklahoma, who, on the 19, returned said writ as follows: "No goods, chattels, lands or tenements found whereon to levy this writ, and, for want of same, this writ is returned.' another alias execution to be issued on said judgment in said 19, plaintiff caused cause, against said defendant, directed to the sheriff of County, Oklahoma, who, on the day of 19, levied said writ of execution upon the following described real estate, situated in County, Oklahoma, to-wit: (Here describe same), and that said sheriff of said unable to effect a sale of said real estate because of want of time, and because of prior liens, and the same was returned under direction of plaintiff's attorneys for further proceedings. 6. That on account of said judgment, execution and levy aforesaid and the proceedings thereunder, said plaintiff has a valid lien on said real estate for $ with interest from the per cent. per day of annum, and a lien for $ 19, at the rate of 7. That the defendant, who is years of age, by virtue of a certain instrument of conveyance, recorded with the register of deeds of and County, Oklahoma, claims to own a life estate in the estate so levied upon, and the defendant, claims a certain mortgage interest in said real estate. WHEREFORE, the premises considered, plaintiff prays that said defendants, be required to answer herein, and set forth their several claims and liens on said real estate, if any they have, or be forever barred from asserting the same; that said real estate be sold as upon execution, to satisfy plaintiff's lien thereon, subject to said life estate; that the proceeds arising from said sale be applied to the payment of the various liens claimed against said real estate, in the order of their respective priorities, and that plaintiff may have such other and further relief as equity and the nature of the case may require. State of Oklahoma, Attorneys for Plaintiff. County, ss.: of being first duly sworn, says that he is the said plaintiff; that the facts stated in the foregoing petition are true. My commission expires Notary Public. Sec. 207. The answer and cross-petition of defendant setting up a life estate in the premises levied upon. |