By reason of the nonpayment of said promissory note and interest due thereon, said mortgage has become absolute. 19-, said mortgage was deliv

day of

On the ered to the register of deeds of said county of

Oklahoma, for record, and was duly recorded by him on the

19-, said mortgage was for to the plaintiff, by

value received duly assigned by said

assignment in writing, which assignment was by the register of deeds of said county duly entered on the records of said county according to law.

WHEREFORE, plaintiff prays that said defendant,

be

required to set forth his said claim on said premises, or be forever barred from asserting the same; that she may have judgment against said

for said sum of $ day of

and with interest thereon from the

19, at the rate of

per cent. per

annum; that said mortgage deed be foreclosed, and the premises therein described sold as upon execution, and that the proceeds of such sale be applied upon said mortgage debt, and for such other and further relief as equity and the nature of the case may require.

Attorney for Plaintiff.

Sec. 1096. Form for petition seeking to reform a mortgage and foreclose the same, marshaling the liens.

1.

said

$

FIRST CAUSE OF ACTION.-Plaintiff says there is due from

on a promissory note of said with interest thereon from the

the sum of

day of

19-, of which promissory note the following is a copy, with all the credits and indorsements thereon, to-wit: (Here set forth

copy of note with all credits and indorsements thereon.) Said note is indorsed and credited as follows: (Here write the same as they appear on the note.)

2. SECOND CAUSE OF ACTION.-Plaintiff says he adopts each of the allegations of the said first cause of action as though specifically alleged in this cause of action; that, to secure the payment of the said promissory note, dated the day of, 19, and made by said payable to the order of said. plaintiff, as follows, to-wit: (Here state the time when said note became due and all its terms.) To secure the payment of said promissory note hereinbefore mentioned according to the tenor and effect thereof, the said

-, together with his said wife, the defendant,

duly executed, acknowledged and delivered to the plaintiff the said joining with her said husband in the granting part, their certain mortgage deed bearing date of the

day of

19-, and thereby intending to convey to the plaintiff, in fee simple, free from all rights in and to the same, the following described lands, tenements and hereditaments, situated in the county of and State of Oklahoma, to-wit: (Here describe real estate.) But, by the mutual mistake and inadvertence of all the parties thereto, said mortgage described and conveyed the following described real estate, to-wit: (Here describe it.)

Said mortgage was delivered to the register of deeds of said. County, Oklahoma, for record, according to law, on the day of

duly recorded in Book

his said office.

19—, at

o'clock,

page

m.,

and was

of the records of

Said mortgage deed has a condition therein written that in case the said should pay or cause to be paid said promissory note, together with interest thereon, when and as it should become due, then said deed should be void, otherwise to be and remain in full force. Said note is past due and unpaid and said mortgage has become absolute.

The said

defendant herein, claims to have some claim upon or interest in said above described premises, as does the

said defendant,

for the sum of $

the day of

but their liens and claims, if any, are

inferior and subordinate to the mortgage of the plaintiff herein. WHEREFORE, plaintiff asks judgment against said defendant, with interest on said sum from -, 19-; also that said mortgage may be reformed and corrected by proper decree of this court so as to conform to the real intention of said parties; that when said mortgage is so corrected and reformed, that the same may be foreclosed and said premises sold as upon execution, to satisfy said mortgage indebtedness from said and the judgment

and

by the plaintiff so to be obtained; that the said be required, by appropriate pleading in this action, to set forth the nature and amount of their respective claims and liens, if any they have, on said real estate, and that the respective liens and claims of the plaintiff and said defendants be marshaled and determined, and ordered to be paid by the court out of the proceeds of the sale of said real estate in the order of their respective priorities, and for such other and further relief as equity and the nature of the case may require.*

Attorney for Plaintiff.

Sec. 1097. Form for petition in an action to declare a deed a mortgage, and foreclosing the same.

Comes now the plaintiff, and, for his cause of action against the defendant herein, alleges and states:

Adapted from Yaple's Code

Practice.

1. That on the

day of

-, 19, the defendant. was the owner of the following described real estate in

the county of

it.)

State of Oklahoma, to-wit: (Here describe

2. That on said day said defendant, being greatly embarrassed in his affairs, and desirous of borrowing the sum of applied to plaintiff for that purpose and obtained a loan from him, the said plaintiff, for the sum of $

$

months after date, with interest at

due

and payable per cent. per annum; that to secure said loan, the defendant executed a deed to said plaintiff for the above described real estate, said deed being absolute in form, but intended by both the parties thereto to stand as security for said loan, and was made for that purpose.

3. That on the day of -, 19—, plaintiff entered into possession of said real estate under said deed, and has applied all the rents and profits thereof to his own use, said rents and profits amounting to the sum of $

4. That the time has expired in which the said defendant was to pay and satisfy said sum of money so borrowed as aforesaid, and that, by reason of said default, said sum has become due and said mortgage has become absolute.

5. That on the

day of

19-, said deed was left for record with the register of deeds of said county, and was by him duly recorded in Book records of his said office.

- page

of the

WHEREFORE, plaintiff prays that an accounting may be taken of the amount due from said defendant to plaintiff after deducting the rents and profits aforesaid; that said deed be declared a mortgage; that the same be foreclosed and said real estate sold as upon execution, to satisfy the same, and for such other and further relief as equity and the nature of the case may require.

Attorney for Plaintiff.

Sec. 1098. The procedure by which a mortgage is foreclosed -The form for the petition in foreclosing a

Comes now The

Association, a corporation duly organ

ized and existing under the laws of the State of Oklahoma, plaintiff herein, and for its first cause of action against the defendants, -, alleges and states:

and

Oklahoma, the said defendant,

day of

a single

1. That heretofore, to-wit: on the 19-, at person, for a good and valuable consideration, made, executed and delivered to said plaintiff his certain promissory note in writing of that date as follows, to-wit: Said note being for the principal sum of $ due and payable to plaintiff in

monthly installments of $ each and every month, $

each, on the

of said sum being due on

shares of the capital stock of said corporation, series

$

$

;

of said sum being the interest on said principal sum of

be

that by reason thereof, the said defendant, came liable and bound to pay to the said plaintiff the amount of said promissory note in installments of $day of each and every month after the

on the day of

19, as above set forth according to the face and tenor of said note, a copy of which, with all the indorsements thereon, is hereto attached, marked "Exhibit A" and made a part of this petition.

2. That under and according to the terms and face of said note, said defendant, promised and agreed that if said note should be placed in the hands of an attorney for collection, he would pay the sum of $ attorney's fee, and all other costs of collection; that said note has been placed in the hands of