to recover property for him, he, or they, may, under the statute authorizing the employment of counsel for a contingent fee, agree to give the attorney not more than half of the recovery. 48

Sec. 360. The law as to procedure after judgment.

In the chapter herein on sale of real estate under an execution, there will be found a full statement of the sale of real estate by an order of sale and also under the writ venditioni exponas, and also a statement of the law as to appraisement of the real estate and as to the procedure from the time of the order of sale to the delivery of the deed to the purchaser.

Sec. 361. Procedure by which the lien of an attorney for his services is foreclosed on real estate-Form for the petition.

Come now plaintiffs, and for their cause of action herein,

which agreement was in writing, and provided, in substance, that said plaintiffs, as attorneys at law, were employed by the said to bring an action in the courts to recover all lands theretofore conveyed by the said

and

dur

ing his minority, and to quiet title to all of the lands allotted to

said minor as a

citizen of the

48 Snyder, 275; Act of June, 1909.

Nation, and for

their services as such attorneys under said employment, plaintiffs were to be given and they were to accept the following described real estate, to-wit: (Here describe it.) Said agreement further provided that in case nothing was recovered for said minor, then said attorneys were to make no charge for their legal services, and that the said of said infant was

to be the guardian and next friend for said minor in an action brought for the purposes mentioned in said written contract, a copy of which contract is hereto attached, and made a part hereof, and marked "Exhibit A."

of

2. That, in pursuance of said employment, on the

day

19, the plaintiffs, who were then and are now, regular licensed attorneys, authorized to practice law in said county and State, filed a petition in the district court of Oklahoma, in which, an infant, by

friend, was plaintiff, and the above named

and

County, his next

were defendants, alleging in substance, that the

was the

and one

said

said

was a citizen of the

blood, and was on the

day of

Nation, of the
by the Dawes Com-

the age of

County,

mission, placed on the enrollment records of said Nation, as of years, and as such citizen, there was allotted to him the following described real estate in Oklahoma, to-wit: (Here describe real estate); that on the day of 19-, said minor, and his said wife, by warranty deed, attempted to convey to the above named defendants, and the following described real estate, to-wit: (Here describe it), receiving therefor the sum of $and certain personal property, to-wit: (Here describe same); that said money had been spent and none of it is in his possession, but he still had said personal property (describing it), and would restore the same to the grantees, if the court should so order; that said deed was made without any order of court, and when said was a minor, and said deed was void, but operated as a cloud upon his said real estate to his great and irreparable damage and injury; that on the deed purporting to have been made by said infant to one

day of

19-, a

conveying (Here describe real estate conveyed) was filed and recorded in the records of the deeds of said county and State, but that said deed had never been signed by said infant, or by anyone by him authorized to do so; that said deed was also a cloud upon his title thereto to his great and irreparable damage and injury; that said have received the rents and profits from said real estate, amounting to the sum of and that said infant was in the possession of said real

$

estate.

and

Said petition prayed that the deeds made to said

and

-, and to be canceled and held for naught; that said parties, and each of them, be forever barred from asserting any claim to the real estate first herein described; that said real estate be quieted in said infant, and that the court grant him such other and further relief as equity and the nature of the case might require, a copy of which petition, with all of the indorsements thereon, is hereto attached, marked "Exhibit B" and made a part hereof.

3. That in said cause, number

and

aforesaid, the said

entered their appearance by filing a demurrer to said petition, which demurrer alleged that said petition did not state a cause of action against them, a true copy of which demurrer is hereto attached, marked "Exhibit C" and made a part hereof.

4. That on the

day of

19—, plaintiffs as such attorneys, procured from said court and filed in said cause, number an order, in writing, suggesting that, since the bringing of said action, the and next friend had died, and in the meantime, said minor had reached his majority, and further ordering said cause to proceed in the name of the said a true copy of said order is hereto attached, marked "Exhibit D" and made a part hereof.

5. That on the

day of

, 19, in the absence of his said attorneys, and without their knowledge or consent, and without turning over to plaintiffs the compensation agreed to be given by him to them, the said lation in writing with the said

and

entered into a stipu

for the settle

ment and dismissal of said action number

a copy of which is hereto attached, marked "Exhibit E" and made a part hereof, which said stipulation stated that he had received from the said in full settlement of said cause, and that the clerk of said court be directed to enter a dismissal thereof and charge the costs to plaintiff therein.

the sum of $

6. That before filing said stipulation of dismissal of said cause and after the said became of age and prior to the

the said

order of said court, authorizing and directing said cause to proceed in the name of said authorized and directed said attorneys, plaintiffs herein, to proceed with said action in his name and for his benefit.

7. That at the time of the filing of said petition, the said plaintiffs, as such attorneys for said plaintiff in said action, indorsed on said petition in writing, the followng: "Lien Claim,

and

Attorneys for Plaintiff," and the same was so indorsed thereon at the time said suit was so settled and dismissed, and said indorsement of said lien claim appeared on said petition at the time of the settlement of said action and at the time of the conveyance of said real estate hereinafter alleged.

8. That at the time said settlement had been made as aforesaid, the said and his wife,, by deed of general warranty, executed, acknowledged and delivered, conveyed (Here describe real estate conveyed), of said real estate to one

Said deed was so made under the direction of the said

as a part of the settlement of said case aforesaid, and said deed was taken and accepted by the said

-, with knowledge of

the lien of said attorneys in said action on said land.

9. That on the

day of, 19, the said

by deed of quitclaim, conveyed the real estate last aforesaid, to -, who took said deed with notice of plain

the defendant,

tiffs' lien thereon.

10. That on the

day of, 19—, the said

by deed of quitclaim, conveyed the real estate last aforesaid, to who took said deed with notice of plaintiffs' lien

the said

thereon.

11. That said portion of said real estate which said plaintiffs, under said contract, were to receive for their said services were then, and are now, of the value of $

and

and their lien on absolute, and plain

said (Here describe real estate) has become tiff is entitled to a foreclosure thereof. 12. That plaintiffs do not know the full Christian names of the defendants, and therefore said parties are sued by the initial letters of their respective names. WHEREFORE, plaintiffs pray that this court either decree them the fee simple title to said (Here describe real estate), freed from any claim of any of said defendants herein, or that the court hear and determine the value of said (Here describe real estate again) of said real estate, and give plaintiffs judgment for the value so to be found, and order and decree that said (Here describe real estate), or such portion thereof as this court may determine necessary, be sold, freed from the claims of any defendant herein, to satisfy said judgment and lien of plaintiffs; that said defendants, and each of them, be compelled to come into this cause by appropriate pleading and set forth the interest they may have in said real estate, or be forever barred from asserting the same thereto, and that plaintiffs may have such other and further relief to which they may be entitled.

Attorney for Plaintiffs.

EXHIBIT A.*

This agreement, made and entered into by and between

-, a minor, and

minor, party of the first part, and

and next friend of said and

attorneys

at law, party of the second part, WITNESSETH, The party of the first part employs the said party of the second part as their attorneys to recover all lands heretofore conveyed by the said during his minority, and to quiet title to all the allotment of said minor, and for their services the said party of the first part agrees to give and said second party agrees to accept the following described real estate, to-wit: (Here describe it.)

*Here attach other exhibits.