plaintiff shall not be entitled to the possession of the lands until he has refunded the purchase money with interest, deducting therefrom the value of the use, rents and profits, and injury done by waste and cultivation, to be assessed under the provisions of this article.50

Sec. 266. How publication made.

When any publication is ordered, such publication must be made daily or otherwise as often during the prescribed period as the paper is regularly issued, unless otherwise provided in this chapter. The court or judge may, however, order a less number of publications during the period.51

Sec. 267. All orders must be entered in minute form-Need not recite facts showing jurisdiction.

Orders and decrees made by the county court, or the judge thereof, need not recite the existence of facts, or the performance of acts upon which the jurisdiction of the court or judge may depend, but it shall only be necessary that they contain the matters ordered or adjudged, except as otherwise provided in this chapter. All orders and decrees of the court or judge must be entered at length in the minute book of the court, and upon the close of each regular or special term the judge must sign the same.52

Sec. 268. Decree recorded in office of register of deedsNotice to all persons.

When it is provided in this chapter that any order or decree of a county court or judge, or a copy thereof, must be recorded in the office of the county register of deeds,

50 Snyder, 6,134; Wilson, 4,800: Kansas, 5,100 (1901), identical.

51 Snyder, 5,439; Wilson, 1,781; Dakota Code, 5,950 (1887); California, 1,705, identical.

52 Snyder, 5,438; Wilson, 1,780; Dakota Code, 5,949 (1887); California, 1,704, similar.

from the time of filing the same for record, notice is imparted to all persons of the contents thereof.53

Sec. 269. When description of real estate need not be published.

When a complete description of the real property of an estate sought to be sold has been given and published in a newspaper as required in the order to show cause why the sale should not be made, such description need not be published in any subsequent notice of sale, or notice of a petition for the confirmation thereof. It is sufficient to refer to the description contained in the publication of the first notice, as being proved and on file in the court.54

Sec. 270. Parties to the action-How designated.

All issues of fact joined in the county court must be tried by said court, and in all such proceedings the party affirming is plaintiff and the one denying or avoiding is defendant. After the hearing, the court shall give in writing the findings of fact and conclusions of law. Judgments thereon, as well as for costs, may be entered and enforced by execution or otherwise, by the county court, as in civil actions. If the issues are not sufficiently made up by the written pleadings on file the court, on due notice to the opposite party must settle and frame the issues to be tried and upon which the court may render judgment.55

53 Snyder, 5,440; Wilson, 1,782; Dakota Code, 5,951 (1887).

54 Snyder, 5,445; Wilson, 1,787; Dakota Code, 5,956 (1887); California, 1,712 (Kerr), identical.

55 Snyder, 5,446; Wilson, 1,788; Dakota Code, 5,957 (1887).

FORMS FOR PROCEEDING BY ADMINISTRATOR TO SELL REAL ESTATE OF DECEDENT.

That the amount and value of the personal property that has come into his hands as assets of said estate is and that the same has all been disposed of by sale, by order of court; and no personal property remains in my hands not set apart or otherwise disposed of by order of said court; that the debts now outstanding against said decedent, as far as the same can be ascertained and estimated, are about $- ; that there was no family allowance; that the expenses and debts and charges of administration already accrued are $

and an estimate

of what the debts, expenses and charges of administration that will or may accrue during administration by your petitioner is $; that the real property of which said decedent died. seized, or in which he has any interest and the condition and value thereof, excepting the homestead, are as follows: (Here set out the same, specifically describing the nature and kind of the property, and the approximate value of the same.)

That the names of the legatees, devisees and heirs of said decedent and their places of residence and post-office address respectively, so far as known to petitioner, are as follows: (Here set them out.)

That it is necessary to sell the whole of said real estate or some portion thereof for the purpose of paying the debts of said decedent and the cost of administration.

WHEREFORE, your petitioner prays that an order of said court be made, authorizing him to sell the whole or so much and such parts of the real estate described in this petition as the court shall deem necessary or beneficial at private sale.

State of Oklahoma,

County, ss.:

Petitioner.

petitioner above named, being duly sworn, says that he has read the above and foregoing petition, and he knows the contents thereof, and that the allegations thereof are true.

trator of said estate, having first filed herein his petition for the sale of the real estate described in said petition, for reasons in said petition stated.

day of, 19—, at

It is ordered that said petition be, and hereby is, set for hearing on the o'clock, m., at which time all persons interested in said estate are required to appear and show cause, if any they have, why an order should not be granted for the sale of so much of the real estate of said deceased, as is necessary for the reasons in said petition

stated.

It is further ordered that copies of this order be posted in three public places in the county, one of which shall be at the courthouse where the hearing is to be held, and a copy person

ally served on or mailed to all persons interested in the estate, any general guardian of a minor so interested, and any legatee or devisee or heir of the deceased, postage prepaid, and also that a copy of this order be published for two consecutive weeks in a newspaper of County, Oklahoma.

[SEAL.]

Judge of the County Court.

Sec. 273. The notice of the hearing and the proof of posting the same-Proof of mailing.

istrator of said estate, having filed herein his petition for the sale of the real estate described in said petition, for reasons in said petition stated.

It is ordered that said petition be, and hereby is, set for hearing on the

day of

19-, at

o'clock,

m., at which time all persons interested in said estate are required to appear and show cause, if any they have, why an order should not be granted for the sale of so much of the real estate of said deceased, as is necessary for the reasons

in said petition stated.

It is further ordered that copies of this order be posted in three public places in the county, one of which shall be at the courthouse where the hearing is to be held, and a copy personally served on or mailed to all persons interested in the estate, any general guardian of a minor so interested, and any legatee or devisee or heir of the deceased, postage prepaid, and also that a copy of this order be published for two consecutive weeks in a newspaper of

[SEAL.]

County, Oklahoma.

Judge of the County Court.