PETITION.

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

1. FIRST CAUSE OF ACTION.-That he has the legal estate in and is entitled to the possession of the following described real estate, to-wit: (Here specifically describe same), and that said defendant unlawfully keeps plaintiff out of possession of said real estate, and has so unlawfully kept him out of said possession continuously since the day of, 19, and that

said defendant is in the unlawful possession of said real estate, and is unlawfully withholding the possession thereof from plaintiff, and denies plaintiff's right and title to the possession of the

same.

2. SECOND CAUSE OF ACTION.-That the plaintiff herein hereby refers to his first cause of action herein, and hereby makes the allegations thereof a part of this, his second cause of action, as fully as if the same were herein set out in full, and plaintiff alleges that said defendant has so unlawfully kept plaintiff out of possession of said premises for the past year, and collected and used for his own benefit during said time, the rents and profits arising from said real estate, amounting to the sum of

$

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

State of Oklahoma,

County, ss.:

Attorneys for Plaintiff.

being by me first duly sworn, says that he is the plaintiff in the above action, and that the facts stated and allegations contained in the foregoing petition are true.

Sworn to before me and subscribed in my presence this day of

19-.

My commission expires

Notary Public.

Sec. 1155. The answer containing a general denial.

For answer to the petition of the plaintiff herein, the defendant denies that he withholds possession of said premises in the petition described from the plaintiff, or any part thereof.

WHEREFORE, he asks for judgment against the plaintiff; that he go hence without day, and that he recover his costs herein.

Now, on this

day of

19-, come the parties herein in person and by their attorneys, and both sides having announced ready for trial, a jury is called to try this cause, and come as follows:

and

who, having been duly impaneled and sworn to try this cause, and having heard all the evidence introduced by the plaintiff and defendant, received the instructions of the court, and heard the argument of counsel, now retire to their jury room in charge of a sworn bailiff, to consider their verdict. And afterward, said jury return into open court the following verdict:

VERDICT.

We, the jury in the above entitled action, duly impaneled and sworn, upon our oaths, find the issues in favor of the plaintiff, and that he is entitled to $

damages.

The plaintiff brings suit to recover possession of the following described real estate, to-wit: (Here specifically describe same), and damages for the detention thereof. (Here state the issues raised by the pleadings and the evidence.)

You are the sole judges of the facts proven, and of the credibility of the witnesses, and the court instructs you as to the law of the case as follows:

The burden rests upon the plaintiff to prove to your satisfaction, by a preponderance of the evidence, that he bought the land of as alleged in his petition herein, and on the terms as stated therein. And by the preponderance of the evidence is meant the greater weight of the evidence, and not, necessarily, the greater number of witnesses who testified on one side or the other. (Here give further instructions applicable to the case in hand.)

Nine of your number concurring, may return a verdict for either plaintiff or defendant. If nine, or less than twelve agree, these nine must sign the verdict. If your verdict is unanimous, have the same signed by your foreman, and return with it into court.

Judge of said Court.

Comes now the defendant and moves the court to vacate and set aside the verdict and judgment herein and grant a new trial for the following causes, which affect materially the substantial rights of the defendant:

1. Said verdict and judgment are not sustained by sufficient evidence.

2. Said verdict is contrary to law.

Errors of law occurring at the trial and excepted to by

defendant.

4. Error of the court in giving the following instructions: (Iere state same.)

Error of the court in refusing to give the following written instructions at the request of the defendant: (Here give same.)

Attorney for Defendant.

Sec. 1159. Judgment sustaining motion for new trial.

19-, upon the motion for new trial heretofore filed herein by

and

the defendant, plaintiff appearing by his attorneys,

the defendant, by his attorney, the same being heard, and the court being fully advised in the premises, upon due consideration thereof, the court finds said motion to be well taken, and sustains the same and grants a new trial.

Judge of said District Court.

Sec. 1160. Form for judgment for plaintiff on the verdict.

This day came the parties by their attorneys, and also came a jury, to-wit:

and

who, being impaneled, sworn and charged to speak the truth upon the issues joined between the parties, upon their oaths do say that the said is guilty of unlawfully keeping said

out

of possession of said real estate, described as follows, to-wit: (Here specifically describe same), and they assess the damage of the said plaintiff, by reason thereof, in the sum of $, the value of the rents and profits thereof during said withholding of the possession thereof.

IT IS THEREFORE considered that the said plaintiff recover judgment against said defendant for the possession of said real estate found by said verdict to be so wrongfully in the possession of said defendant, and also the sum of $ his said damages, by the jurors fixed and assessed, together with his costs herein expended, taxed at $

Judge of said Court.