commanded therein, I summoned the following persons of the defendants within named at the times following, to-wit: The following persons of the defendants within named not found in said county: By and Deputy. Sheriff. Sec. 500. Form for affidavit for service by publication. AFFIDAVIT FOR PUBLICATION. of lawful age, being first duly sworn, on his oath, says that he is one of the attorneys for the plaintiff in the above entitled cause; that the defendants in said cause, the said and are nonresidents of the State of Oklahoma; that summons has been issued for defendants in this county, and as to them returned not found; that inquiry has been made for their place of residence, and the same cannot be found (or such other acts as showing diligence); that they are not now in the State of Oklahoma, and that with due dili gence on the part of the plaintiff in said action, she is unable to make service of summons in said cause of action on any of the said defendants therein in the State of Oklahoma, and that said action is one brought for the determination of the interest of the said plaintiff in certain real estate in County, State of Oklahoma, set out and described in her petition, and for a decree of the court declaring plaintiff to be the owner in fee simple of said real estate, and for the reformation of certain general conveyances thereof WHEREFORE, plaintiff asks that notice of said action be served on all of said defendants therein by publication. of and did, on the will day of 19-, file her petition in the district court of the county State of Oklahoma, against said defendants, the object and prayer of which petition is the reformation of a certain warranty deed to (Here describe real estate) in County, Oklahoma, executed on the day of for the reformation of a certain warranty deed to said tract of land, executed by the defendant, — day of to the said to one on the , 19-; for the reformation of a certain quitclaim deed to said tract of land executed by the defendant, and for a judgment of said court decreeing the plaintiff, day of 19-, to be the absolute owner, in fee simple, of the title to said tracts of land, and that the said defendants must answer the petition filed therein on or before the allegations therein contained will be taken as true and judgment rendered in said action against said defendants, so reforming each 19—, or the of said deeds as to properly describe said land as (Here insert description), and decreeing the absolute title in fee simple in said lands to be in the plaintiff, WITNESS my hand and the seal of said court this day Clerk of said Court. Sec. 502. Form for proof of publication. State of Oklahoma, the of in County, ss.: of lawful age, being first duly sworn, says that he is a weekly newspaper published and printed County, Oklahoma, and of general circulation has been pub in said county and State; that the said lished for more than fifty-two consecutive weeks next prior to the dates on which the notice herein referred to was published, and a notice, of which a true copy is hereto attached, was published in a regular and entire edition of said a supplement thereof, for and not in weeks, the first publication Sworn to before me and subscribed in my presence this Sec. 503. Form for decree reforming deeds. IN THE DISTRICT COURT OF OKLAHOMA. Notary Public. COUNTY, STATE OF comes on for hearing on plaintiff's petition, the defendants, and each of them, being in default for answer, demurrer or other plea, and upon the evidence; and the court, being fully advised in the premises, each of said defendants being first called three times in open court, finds: and First. That the defendants herein, and each of them, to-wit: the said were, at the commencement of this action, and now are, nonresidents of the State of Oklahoma, and were duly and legally served with notice of this action by notice by publication, published in the for consecutive weeks after the commencement of this action, and before the date hereof, the said -being, at the time of said publication, a weekly newspaper printed, published and of general circulation in the county of and State of Oklahoma, at the time of said publication and for more than fifty-two consecutive weeks prior to the date of the first publication thereof, and that the first publication of said notice was made more than days prior to the date hereof. Second. That the allegations contained in plaintiff's petition herein are true, and that, by inadvertence and mutual mistake of all parties concerned, the certain warranty deed, made, exe cuted and delivered on the defendants, and and his wife, to the defendants, to land therein described as (Here set out County, Oklahoma, incorrectly description in deed), in described the land sought to be conveyed thereby, and that it was the true intent of said parties to said warranty deed to therein describe the land then and there sought to be conveyed by the said and describe it), in to the said and -, as (Here County, Oklahoma; that, by inadvertence and mutual mistake of all parties concerned, the certain warranty deed, made, executed and delivered by the defendant, to one on the day of 19-, to land therein described as (Here insert description as given in deed), in County, Oklahoma, incorrectly described the land sought to be conveyed thereby, and that it was the true intent of said parties to said warranty deed to therein describe the land then and there and thereby sought to be conveyed by the said to the said as (Here describe it), in County, Oklahoma; that, by inadvertence and mistake of all parties concerned, the certain quitclaim deed, made, executed and delivered on the day of 19, by the defend described as (Here insert description as given in said deed), in County, State of Oklahoma, incorrectly described the land sought to be conveyed thereby, and that it was the true intent of the said parties to the said quitclaim deed, to therein describe the land then and there and thereby sought to be conveyed by the said to County, Okla19, by his gen for a valuable consideration, granted, bargained, sold and conveyed to the plaintiff herein, the said the said real estate, to-wit: (Here describe it), and that the said plaintiff is now the equitable owner of and in the actual peaceable possession of said tract of land. WHEREFORE, it is considered, ordered, adjudged and decreed by the court, that the warranty deed bearing date of 19, to the land described therein as (Here insert description of land as given in said deed), and executed by book to and and recorded on page and of of warranty deed records in the office of the register of deeds of County, Oklahoma, be, and the same is, hereby reformed and rectified, and that the words and figures (Here give correct description) be inserted in said deed in lieu of the erroneous words and figures (Here set them out); that the warranty deed bearing date of the to one day of 19, to the land described therein as (Here describe it), and executed by and recorded on page of book of warranty deed records in the office of the regis ter of deeds of County, Oklahoma, be, and the same is, hereby reformed and rectified, and that the words and figures (Here set them out) be inserted in said deed in lieu of the erroneous words and figures (Here set them out); that the quit |