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return; and having first administered to said freeholders the oath required by law, to make a true inventory and appraisement of said property, we proceeded to make such inventory and appraisement, as will fully appear by reference to said schedule A.

We,

SCHEDULE A.

County, Oklahoma, and two freeholders of said county, do truly

sheriff of said

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Sec. 323. The form for the affidavit for service by publication upon a nonresident defendant in attachment.

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AFFIDAVIT FOR SERVICE BY PUBLICATION. State of Oklahoma,

County, ss.:

being first duly sworn, says that he is plaintiff in the above action; that this, his action, is upon a promissory note for the sum of $ with interest on such sum from the day of said note having been made by and indorsed to plaintiff; that service of summons cannot be had upon the defendant in this action; that said defendant is a nonresident of the State of Oklahoma, having a place of residence in the State,, and his postoffice is ; that plaintiff has

used due diligence to locate said defendant in the State of Oklahoma by having summons issued for him at his last known resi

dence, and has inquired from persons who knew him, and has been unable, after the use of such diligence, to serve defendant with a summons; that in this action an order of attachment has been duly issued and levied upon the property of the defendant, -, which property is sought by such proceeding in attachment to be appropriated toward the satisfaction of such judgment as the plaintiff may obtain against the said defendant,

Sworn to before me and subscribed in my presence, this day of

19-.

My commission expires

Notary Public.

Sec. 324. The form for notice by publication.

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against him to recover on a promissory note for the sum of

$

with interest thereon from the

19-, which note had been made to

day of and indorsed to

plaintiff. An order of attachment has been issued in said. action and levied on the following described real estate, situated

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Sec. 325. Form for proof of publication of notice.

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of lawful age, being by me first duly sworn, says that a weekly newspaper published

of the

county of

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he is the and printed in the city of Oklahoma, and of general circulation in said county and State; that said has been published for more than fifty-two consecutive weeks next prior to the dates on which the copy herein referred to was published, and the notice of which a true copy is hereto attached, was published in the regular and the entire edition of said and not a supplement thereof, weeks, the first publication being on the 19—, and the last on the

for

of

day of

each week of said time on the same day of the week.

Sworn to before me and subscribed in my presence, this

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day

19—,

Notary Public.

Sec. 326. The form for judgment and order of sale of the

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came on to be heard, and the same was submitted to the court by the plaintiff, and the court, upon the evidence, finds that said defendant is a nonresident of the State of Oklahoma; that he has been served by summons in this action by publication; that said service of summons by publication is correct in all things and according to law; that said defendant was called three times

in open court, but came not, and has failed to except, demur or answer to the petition, thereby confessing the allegations therein to be true.

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IT IS THEREFORE considered, ordered and adjudged that plaintiff recover out of the said real estate attached herein the sum of with interest, and costs of this action, taxed at $

$

It is further ordered and adjudged by the court that so much of said real estate so attached herein as may be necessary to fully satisfy the amount so found due, with interest and costs and accruing costs, shall be sold under the same restrictions and regulations as if the same had been levied on by execution, and the money arising therefrom be applied to satisfy said judgment and said costs.

Judge of said Court.

Sec. 327. The order of sale in attachment proceedings issued by the clerk to the sheriff.

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19-, sued out a writ of attachment from the clerk of the district

court of said County, requiring him to attach the lands, tenements, etc., of the defendant in his county, not exempt by law from the payment of plaintiff's claim, or so much thereof as would satisfy the plaintiff's claim.

And said sheriff returned said writ, executed by attaching the following described real estate, to-wit: (Here describe it.) WHEREAS, afterwards in said action the plaintiff recovered a judgment in said action in the sum of $ with interest on

said sum, and costs and accrued costs, to be paid out of said real estate so attached as aforesaid, said costs being taxed at

$

You are therefore hereby commanded to sell so much of said real estate so attached as may be necessary to satisfy said judgment for said sum, interest and costs and increased costs, under the same restrictions and regulations as if the same had been levied on by execution.

You will make due return of your proceedings herein to our said district court within days from the date herein, and

have you then and there this writ.

WITNESS my signature as clerk of our said district court, at

Oklahoma, this

day of

19-.

Clerk of said Court.

Sec. 328. Sheriff's return of his proceedings under the order

of sale.

State of Oklahoma,

In the obedience of the

annexed, I did, on the

and

County, ss.:

command of the order of sale hereto

day of

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three disinterested householders of

the vicinity and of said county, who were by me duly sworn to appraise the lands and tenements therein described; and afterward, on the -, 19-, said appraisers returned to me, under their hands and seals that they did, upon actual view of the premises, estimate and appraise the real value in money of the same at $ -. A certified copy of said appraisal I forthwith deposited in the office of the clerk of the district court of said county.

And on the

tised in the

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day of

19-, I caused to be adver

a newspaper printed and published in County, Oklahoma, said lands and tenements to be sold at public sale at the door of the courthouse in said county, on the

day of

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m., of said day, and having advertised said lands and tenements for more than

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