realleged and set out herein; that on or about the

with

19-, the defendant,

entered into a subcontract

day of

ness under the name of -, as contractors, to perform certain labor and furnish certain material in the construction and erection of said buildings, and according to the terms and specifications of the original contract; that the plaintiff is unable to attach a copy of said contract hereto, for the reason that the original and all copies thereof are in the possession of said defendants, and they have failed and refused to deliver to this plaintiff a copy of said contract; that on or about the

day of 19, the plaintiff entered into an oral contract with the defendant, as subcontractor, whereby the plaintiff agreed to furnish to the defendant,

certain lumber

; that all of furnished at the

and was used

and other building material, to be used in the erection and construction of said buildings on the above described premises, at the agreed price and reasonable value of $ such lumber and other building material was instance and request of said defendant, in the erection and construction of said buildings in accordance with the terms of said contract, between the 19—, and the defendant,

of $

$

$

and

day of

day of

19-; that thereupon the became indebted to the plaintiff in the sum

; that certain credits were allowed, aggregating leaving a balance due and unpaid in the sum of though frequent demand has been made on the defend, for the payment thereof; that a true, correct, itemized and verified statement of said account is hereto attached, and made a part hereof, marked "Exhibit C," to which reference is hereinafter made; that on or about the

ants,

day of - 19-, and within the time allowed by law for the making and filing of the same, the plaintiff, for the purpose of securing the payment of the balance due him on said subcontract for lumber and other building material furnished and used as aforesaid in the erection and construction of said buildings, filed in the office of the clerk of the district court of County, State of Oklahoma, a materialman's lien statement, duly

all

verified by the affidavit of his agent and manager, as provided by law; that a true and correct copy of said lien statement, together with the exhibits attached as a part thereof, is hereto attached, marked "Exhibit D," and made a part hereof; that on the day of 19-, plaintiff notified the defendant, as provided by law, of the filing of said lien statement, by serving upon it, through its proper agents and officers, a written notice, a true and correct copy of which is hereto attached, marked "Exhibit E," and made a part hereof. That plaintiff alleges further and as a part of each of the foregoing causes of action, that the defendant,

was, and at all times since has been, the legal owner of the following described property and premises, situated in State of Oklahoma, to-wit: (Here describe real estate.)

County,

WHEREFORE, plaintiff prays that he have and recover judg

ment against the defendants,

copartners, doing business under the name of

and

and each

with interest thereon from the 19, at the rate of

annum; that he recover judgment against

$

with interest thereon from the

19, at the rate of

per cent. per

in the sum of

day of

that

per cent. per annum; a decree of said court be entered, declaring and establishing the liens of the plaintiff upon the real estate hereinabove described, together with all the improvements thereon; that said liens be foreclosed and an order entered directing the sale of said real estate, with the improvements thereon, subject to appraisement at public auction, as in cases of sales upon execution, according to law; that the rights and equities of all parties to this action be determined by the court; that said plaintiff's liens against said real estate be declared prior and superior to any interest or title claimed by the defendants, or either of them; that the proceeds of the sale of said real estate be applied, first, to the payment of all costs in said action. Second, to the payment of plaintiff's judgments. Third, the residue, if any, to be paid to the clerk of said court to await the further order of the court.

Plaintiff further prays for all costs of this action laid out and expended, and for such other and further relief as may be just and equitable.

Attorneys for Plaintiff.

(Here attach exhibits mentioned and designated.)

But it is to be observed that these are attached as a matter of convenience. If objection is made they will be stricken from the petition, except the exhibits setting out a note or an

account.

Sec. 1039. Procedure by which a mechanic's lien is foreclosed-The petition for foreclosure of lien, setting forth a single cause of action upon a materialman's lien.

Comes now the plaintiff above named, and, for his cause of

action against the defendants, alleges and states:

That the defendants were, on and prior to the

day of

19—, and at all times since have been the owners of the following described real property and premises, situated in County, Oklahoma, to-wit: (Here describe real estate.) That on or about the — day of -, 19, this plaintiff entered into an oral contract with the defendants, whereby he agreed to furnish to said defendants certain lumber and material to be used in the erection and construction of a certain building on the premises above described, and at the agreed price and of the reasonable value of $; that all of said lumber and material so contracted were furnished and used in the erection and construction of said building, between the 19-, and the

day of

day of

19-; that certain payments were made on said indebtedness,

aggregating the sum of $

-, leaving a balance due plaintiff no part of which has

from said defendants in the sum of $been paid, though frequent demand has been made on defendants for the payment thereof; that a true and correct and itemized and verified statement of said account is hereto attached, made a part hereof, marked "Exhibit B," to which reference is hereinafter made.

day of

That on the 19-, and within the time allowed by law for the making and filing of the same, this plaintiff, for the purpose of securing the payment of the balance due him on said account for lumber and material furnished and used as aforesaid in the erection and construction of said building, filed in the office of the clerk of the district court of County, Oklahoma, a mechanic's lien statement, duly verified by affidavit, all as provided by law; that a true and correct copy of said lien statement, together with the exhibits attached as part thereof, is hereto attached, as a part hereof and marked "Exhibit A." That on or about the and for the purpose of securing the payment of the amount due on said contract for lumber and material furnished and used in the erection and construction of said building, as aforesaid, this plaintiff filed in the office of the clerk of the district court of

day of

19

County, Oklahoma, an amended mechanic's lien statement, duly verified by the affidavit of, as agent, all as provided by law; that a true and correct copy of said amended lien statement, together with the exhibits attached as a part thereof, is hereto attached, marked "Exhibit C," and made a part hereof.

WHEREFORE, plaintiff prays that he may have judgment against the defendants, and each of them, in the sum of $

and

with interest thereon from the

-day

of -, 19-; that a decree of this court be had, declaring and establishing the lien of plaintiff on the real estate hereinabove described; that he may have foreclosure of said lien, and an order for sale of said real property and premises, and all improvements thereon, subject to appraisement, at public venue as in cases of sales upon execution, according to law, and for all

costs in this action expended, and such further and general relief as the plaintiff may be entitled to in the premises.

Attorneys for Plaintiff.

(Here attach exhibits above mentioned and designated.) (The form for summons and the sheriff's return thereof are the same as in other actions. See secs.

and

herein, for form.)

Sec. 1040. Form for answer admitting the allegations of the petition and consenting to the prayer thereof. COUNTY, STATE OF OKLAHOMA.

DISTRICT COURT,

Comes now the defendant, and for his answer to plaintiff's petition filed herein, states that he admits each and all the allegations in said petition contained, and hereby consents that judgment be rendered in accordance with the prayer of said petition.

of lawful age, being first duly sworn, states that he is one of the defendants in the above entitled cause; that the allegations and statements contained in the above and foregoing answer are true, and that he consents to the rendition of judgment in said cause.

Subscribed and sworn to before me this

19-.

My commission expires

day of

Notary Public.