Abbildungen der Seite
PDF
EPUB

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 $

[ocr errors]

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

[blocks in formation]

Sec. 204. Proof of publication of sale by sheriff under a venditioni exponas.

PROOF OF PUBLICATION OF NOTICE.

State of Oklahoma,

he is the
of the
published in the city of

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

[blocks in formation]

weeks, the

[merged small][ocr errors][merged small][merged small][merged small]

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.*

[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

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

[ocr errors]

-, 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

[ocr errors]

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

[blocks in formation]

- 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

[ocr errors]

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.*

[blocks in formation]

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

[ocr errors]

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

[ocr errors]

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.

[merged small][merged small][merged small][ocr errors][merged small][merged small]

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.'

[blocks in formation]

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
County was

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
for costs and increased costs.

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,

[ocr errors]

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.

[blocks in formation]
« ZurückWeiter »