ated, lying and being in the county of State of Oklahoma, and more particularly described as follows, to-wit: (Here describe same); that the said plaintiff claims title in fee to said premises; that the defendant aforesaid claims an estate or interest therein adverse to the said plaintiff; that the claim of said defendant is without any right whatever, and that said defendant has not any estate, right, title or interest whatsoever in said land or premises, or any part thereof.

WHEREFORE, plaintiff prays that said defendant be required by appropriate pleading to set forth in this action his alleged claim or interest in said real estate, or be forever barred from asserting the same; that plaintiff's title to said real estate may be forever quieted, and that he may have such other and further relief as the nature of the case may require.

Attorney for Plaintiff.

Sec. 1186. Form for the petition to quiet title to land devised to descend to brothers, etc., in case of death without heirs.

Plaintiff is the owner in fee simple and holds possession of the following described lands situated in

County, Okla

deceased.

homa, to-wit: (Here specifically describe same), and that the title to said land was derived from his father, Plaintiff further alleges that said — ing a last will and testament, which was on the 19-, duly probated in the county court of

County, Oklahoma, and that Item as follows:

"I will and bequeath to my daughter farm I now live on, etc.

deceased, died, leav

day of

of said will provided

one-half of the

In the event of the death

of S. M., she leaving no legal heirs, then and in that case, the property above willed is to descend to her brothers and sisters."

those who now would take under said Item

include all

of said will in the contingency provided for by its last clause. Said defendants claim an interest in said premises adverse to plaintiff's right, under and by virtue of said Item of said last will and

testament of -, deceased, a copy of which is above set forth; but said plaintiff denies that said defendants, or either of them, have any valid interest therein, yet the claim of defendants thereto creates and is a cloud on plaintiff's title to said real estate.

WHEREFORE, plaintiff prays that said defendants, and each of them, be required to come into this case by appropriate pleadings, and set forth the nature and kind of their said interests in and to said real estate, or be forever barred from asserting the same; that plaintiff's title to said real estate may be forever quieted and that plaintiff may have such other and further relief as the nature of the case may require.

Attorney for Plaintiff.

Sec. 1187. Form for the petition in an action to quiet title and to enjoin judicial sale.

plaintiff was and from thence hitherto, and still is, the owner of the following described real estate, to-wit: (Here describe same); that plaintiff purchased said premises on the date aforesaid from one for the sum of $duly paid prior to the day of

which sum was

19—, but the legal

of ——, 19—, execution was issued on said judgment at the instance of the plaintiff therein and placed in the hands of County, Oklahoma, who, on the

sheriff of

day of property of said

19-, levied the same upon said real estate as the and has advertised said real estate for 19, under said execution;

day of

sale on the that said judgment is not now, nor at any time has been a lien upon said real estate, or any part thereof, as said

since

the recovery of said judgment has had no interest therein, whatever, and the sale of said real estate under said execution will cast a cloud on plaintiff's title to the same.

WHEREFORE, plaintiff prays for an order restraining the sale of said real estate under said execution, and that on the final hearing of said cause, said injunction may be made perpetual, and the defendant be forever enjoined from enforcing said judgment against said real estate; that the title to the same be quieted and confirmed in the plaintiff, and for such other relief as is just and equitable.

Attorney for Plaintiff.

Sec. 1188. Form for the answer in action to quiet title of adverse possession for more than

Comes now the defendant, and, for answer to the petition herein, alleges that on or about the

day of

19-,

defendant purchased said real estate in said petition described,

and that under

for a valuable consideration, from said and by virtue of said purchase, defendant took immediate possession of the whole of said premises, and from that time to the commencement of said suit, and for more than

years

from the taking of said possession, he has been in the uninterrupted, actual, open, notorious, exclusive and adverse possession of the whole of said premises under a claim of ownership to the same by virtue of said purchase, and said defendant still continues in the possession thereof, and was so in possession of the same at the time of the taking of the deed to the same from the said

Defendant further alleges that before plaintiff parted with any valuable consideration therefor, the plaintiff had knowledge and notice of defendant's claim to the equities in said premises; that at the time said defendant purchased said premises from saidhad the legal title thereto, and was the owner thereof and had the right to sell the same to said defendant; that said however, neglected to make a deed of conveyance to said defendant, and continued to hold the title in trust thereto for said defendant.

said

WHEREFORE, defendant, having duly answered said petition, prays that said petition may be dismissed and that this defendant may go hence with his costs and for all proper relief.*

Attorney for Defendant.

Sec. 1189. Form for the judgment and decree of the court in the action to quiet title.

DECREE OF COURT.

This day came the said parties by their respective attorneys, said cause having been regularly placed on the trial docket of this court at its regular term, and said cause came on to be heard by the court upon the pleadings and evidence adduced by the parties respectively, and was argued by counsel; on due consideration thereof, and being fully advised in the premises, the court finds that the plaintiff is entitled to relief as prayed for in his petition.

IT IS THEREFORE considered, ordered and adjudged by the court that the plaintiff in his said title and possession of said premises be, and he is, hereby quieted as against the said claims of said defendant of said estate and interest in the real property described in the petition adverse to him, and that also plaintiff recover against said defendant his costs in this behalf expended, taxed at $

Judge of said Court.

Sec. 1190. Procedure by which title to real estate is quieted -The form for petition.

The above named plaintiffs complain of the above named de

fendants, and allege:

That the party defendant,

is, and was at all the times

hereinafter mentioned, since the death of the said

the