of the register of deeds in said county, in book page

at

3. That she is still the owner of said real estate herein specifically described; that said real estate is wild and uncultivated land; that each of said instruments is a cloud on plaintiff's title thereto, to her great and irreparable damage; that the consideration received for said instruments was spent by her while under the age of eighteen years, and she has none of it now in her possession, and is unable to restore the same; that each of said deeds, leases and mortgage were void and did not convey any interest therein to the parties, lessees, grantee, or mortgagee therein.

WHEREFORE, plaintiff prays that said deed and leases, and said note and mortgage be canceled, set aside, held for naught and ordered surrendered, and that she be given such other and further relief as the nature of the case may require.

Attorneys for Plaintiff.

Sec. 481. Decree of court canceling instruments set forth in

hearing upon the petition, answer thereto and the reply, and was heard upon the evidence and arguments of counsel, upon due consideration thereof, the court finds:

1. That at the times of the execution of the oil and gas leases

to the defendants,

at page

in the office of the register of deeds in said

county, and the execution of the deed to the defendant, recorded in book

at page

in the office of the

register of deeds in said county, and the execution of the note and mortgage to the defendant,

recorded in book

at page , in the office of the register of deeds of said county, the said plaintiff was a citizen of the Creek Tribe of Indians of the half-blood, and under the age of eighteen years; that said land was allotted to her as such citizen; that she has squandered the consideration she received therefor, and is unable to return the same.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the court, that each of the said instruments aforesaid be, and the same are, hereby canceled, set aside and held for naught, and that the plaintiff recover from said defendants and each of them, her costs, herein expended, taxed at the sum of $ for the payment of the same let an execution issue.

Done this

day of

19-.

Judge of the District Court.

Sec. 482. Another form for decree for cancellation of deeds.

DECREE CANCELING CONVEYANCES.

This cause came on to be heard upon the petition of the plaintiff, the disclaimer filed by the defendant,

and

the answer of and the reply to said

the defendants, answer, after hearing the evidence in said cause and the argument of counsel, and having given the same due consideration, the court finds that said defendants, and each of them, have submitted themselves to the jurisdiction of the court, and upon the issues joined by said pleadings, the court finds in favor of the plaintiff and against said defendants and each of them.

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that each of the following deeds set out in plaintiff's petition, purporting to convey the following described real estate, to-wit: (Here describe it) be canceled, set aside and held for naught:

1. A deed from

day of

of deeds of

at page

the

19, and recorded in the office of the register County, State of Oklahoma, in book

2. A deed from

day of

register of deeds of

at page

3. A deed from

day of

register of deeds of

at page

4. A deed from

executed on the

and

19-, and recorded in the

County, Oklahoma, in

19, and recorded in the office of the

County, Oklahoma, in deed book

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED, that each of the aforesaid conveyances be canceled, set aside and held for naught; and it is considered that said plaintiff recover of said defendants and each of them, his costs of suit herein, taxed at for the payment of which let execution issue.

4. CONVEYANCES REFORMATION OF
INSTRUMENTS OF.

Sec. 483. The parties defendant in an action to reform an instrument of conveyance.

Each and every party whose rights will be affected, either directly or consequentially, must be made parties defendant.1 The rule is that where a mistake runs through successive deeds and reformation is asked, every person who has given. an instrument where the mistake occurs, or if such persons be dead, the heirs, are necessary parties.2

In such equitable actions it is necessary to make all parties interested, parties to the suit. When the land has passed through several owners by successive conveyances or a series, all the grantors, or their heirs, if they themselves are dead, are necessary parties defendant.3

Sec. 484. The petition may be amended so as to reform a mortgage sued on.

A petition setting forth a defective description of the land may be amended to give the correct description, so as to conform to the intentions of the parties thereto, and such amendment will not introduce a new cause of action. And a foreclosure suit will not be barred by limitation of time, although the amendment was made more than five years after the note and mortgage were executed.*

Sec. 485. The nature of the action to reform a deed or other instrument of conveyance.

The power is peculiarly an equitable one, and its exercise should be used with a great deal of care and caution. Indeed, it is and should be exercised with more caution by the chancellor than in the rescission and cancellation of a deed or other instrument in writing. He who seeks to reform an instrument of conveyance on the ground of mistake only, must establish most clearly and satisfactorily that the alleged intention to which he asks it to be conformed, continued concurrently in the minds of the parties down to the time of its execution." It has been held that the evidence of the mistake or other cause requiring a reformation of the in

So. 731; Flanders v. McClenahan, 24 Ia. 486; Farm v. Detroit, 12 Mich. 445.

3 Pomeroy's Remedies, Sec. 371; 2 Kinkead's Code Pleading, Sec. 1,099; Witte v. Lockwood, 39 O. S.

4 Keys v. Lardner, 59 Kan. 545, 53 Pac. 758.

5 Phillips' Code Pleadings, Sec. 509; Bispham's Principles of Equity, Sec. 469.