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where all matters in controversy between parties as to the title or possession of real estate might be fairly ended in one action, the law requires that this could be done. Parties cannot try title to real estate by piecemeal, in separate and independent actions, upon separate deeds or chains of title, when they have in their possession during the trial separate and different deeds.80

The holders of legal title to land are bound by judgments rendered in actions of ejectment brought against their tenants of which they are notified and which they defend, and writs of ouster may be awarded against them and against all persons in possession of the land claiming under them."1

Sec. 1148. Costs for plaintiff on recovery in ejectment.

The plaintiff in an action of ejectment, who obtains judg ment in the trial court for possession, is also entitled to judgment for his costs.8

82

Sec. 1149. Effect of conveyances in violation of statute

against champerty.

It is provided by the criminal statutes of this State that every person who buys or sells, or in any manner procures, or makes or takes any promise or covenant to convey any pretended right or title to any lands or tenements, unless the grantor thereof, or the person making such promise or covenant, has been in possession, or he and those by whom he claims have been in possession of the same, or of the reversion or remainder thereof, or have taken the rents and profits thereof for the space of one year before such grant, conveyance, sale, promise or covenant made, is guilty of a misdemeanor. 83

80 Peterson v. Albach, 51 Kan. 150, 32 Pac. 917.

81 Crane v. Cameron, 71 Kan. 880, 81 Pac. 480.

82 Maharry v. Eatman, 116 Pac. 935, 29 Okla. 46; see, also, Sec. 6,115, Snyder's Statutes.

83 Snyder, 2,215; Wilson, 3,112.

It has been held by both the State and Federal courts that anyone taking a deed of conveyance in violation of this statute, even though said deed would give them good title to the real estate, cannot maintain an action to recover the possession thereof.84

Sec. 1150. The procedure in ejectment where trial by jury is waived and the cause submitted to the court sitting as a jury-The form for the petition.

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states that she has the legal estate in fee simple, and the equitable estate in and to the following described real estate, to-wit: (Here describe it), and said plaintiff, is entitled to the

immediate possession of the same.

Plaintiff further alleges that said defendants are in the lawful possession of said premises, and are unlawfully withholding the possession thereof from plaintiff, and deny plaintiff's right and title to the possession of the same.

and

2. For a further and second cause of action against the defendants, the plaintiff hereby refers to her first cause of action and here makes the allegations of her first cause of action a part of her second cause of action as fully as if the same were herein set out in full, and plaintiff alleges that

84 Houston v. Scott (Okla.), 94 Pac. 412; Powers

V. Vandyke (Okla.), 111 Pac. 939; Bell v. Cook, decided by Pollock, J., October

26, 1911, Circuit Court of the United States for the Eastern District of Oklahoma, sitting at Muskogee.

said defendants have so unlawfully kept plaintiff out of possession of said real estate for the past year, and collected and used for their own benefit, during said time, the rents and profits arising from said lands or real estate, amounting to the sum of $

WHEREFORE, premises considered, plaintiff prays judgment for the possession of said premises, for $ for rents and profits, and for all costs of this action, and for all proper relief.

State of Oklahoma,

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Attorney for Plaintiff.

County, ss.:

being by me first duly sworn, on her oath, says that she is the plaintiff in the above action; that she has read the above and foregoing petition, and knows the contents thereof and that the facts therein stated are true.

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swer to the petition of the plaintiff herein, denies each and every allegation in said petition contained.

WHEREFORE, she prays judgment that plaintiff take nothing by this suit, and that she be discharged hence with her reasonable costs.

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Attorney for Defendant.

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Comes now the plaintiff herein, and moves the court to vacate and set aside the verdict and judgment of the court rendered herein on the 19-, and to grant a new trial for the following causes, which affect materially the substantial rights of the plaintiff.

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1. Error of the court in permitting defendants to offer testimony over the objection of plaintiff.

2. That the verdict and decision of the court herein, is not sustained by sufficient evidence.

3. That the verdict and decision of the court herein is contrary to law.

4. Error of law occurring at the trial and excepted to by plaintiff.

5. For other errors of law apparent upon the face of the record and excepted to by plaintiff.

Attorneys for Plaintiff.

Sec. 1153. Form for the judgment of the court and the order overruling motion for new trial.

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On this

JUDGMENT AND ORDER OF COURT.

day of -, 19, the same being a day of 19 Term of this court, the above entitled cause came on for hearing, both parties appearing in person,

the regular

and by their respective attorneys, upon the petition of the plaintiff, and the answer of defendants, and the evidence offered before the court, both parties waiving a jury, and the court, after hearing the evidence and being fully advised in the premises, finds the issues of fact and law arising thereon, against the plaintiff and in favor of the defendants, and that the defendants are the owners and in possession of the following described real estate, to-wit: (Here describe same), the same being the land in controversy in this case, and further finds that the plaintiff has no right, title or interest in or to said lands.

IT IS THEREFORE ordered, considered and adjudged by the court that the defendants are the owners of the lands hereinbefore described, and that plaintiff has no right, title or interest in the same; that plaintiff take nothing by this suit; that defendants have and recover of and from the plaintiff all their costs in and about this suit laid out and expended, for which execution may issue.

WHEREUPON, the plaintiff filed her motion for a new trial, which, coming on for hearing, was, by the court, overruled, to which ruling of the court plaintiff excepts, and prays an appeal to the Supreme Court of the State of Oklahoma, which is granted, and for cause shown, plaintiff is given days in which to prepare and serve a case made; defendants are given days thereafter in which to suggest amendments, case made is to be settled on days' written notice by either party.

Judge of the District Court of said County.

Sec. 1154. Form for the petition when damages are asked.

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