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duly appointed, qualified and acting administratrix of the estate of deceased, and she is, and was at all the times hereinafter mentioned, subsequent to the date of the death of said decedent, the natural and legal guardian of the party defendants, -.and

That the above named plaintiffs are the owners in fee simple and in possession of the following described real estate located in the county of - and State of Oklahoma, to-wit: (Here describe it), together with the improvements thereon and the appurtenances.

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Defendants claim an interest therein adverse to plaintiffs' right in this, to-wit:

On the

day of

executed and delivered to

19-, plaintiffs jointly made, then the husband of the said

and the father of said minor defendants above named, their certain contract in writing, whereby they promised, for the consideration hereinafter mentioned, to convey to the said the above described premises, by deed of general warranty, upon payment of said consideration as hereinafter stipulated. That said contract was, on the

day of

19, recorded in the office of the register of deeds of County, Oklahoma, in Book, at page

That on the date last aforementioned and in consideration of the contract last aforementioned, the said and delivered to the said plaintiff,

the sum of $

made, executed his certain installment

note, in writing, dated on that day, whereby he promised to pay to the said payable in installments as follows: (Here set out installments and when due), with interest on each of said installments from the date of said note until paid, at the rate of per cent. per annum. And in said note it was agreed that if default should be made in the payment of any one of the installments, then the whole amount, and each and every installment unpaid, should, at the election of the legal holder of said note, become then due and payable. That on the date last aforementioned,, 19—, and in consideration of the contract last aforementioned, the said

in addition to the note last aforementioned, also then

made, executed and delivered to the said plaintiff,

his

certain promissory note in writing dated on that day, whereby

he promised to pay to the order of said

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the principal sum

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per cent. per annum from date of

And the contract, made as aforesaid by the said plaintiffs, for an agreement relative to the conveyance of said real estate, dated on the said 19, recorded as aforesaid,

day of

contained the

and delivered by plaintiffs to the said
obligation only, that if the above named bounden.

and

would convey said premises by deed of general warranty,

and clear of all incumbrances unto the said -, upon payment of said consideration at the time above stipulated, then said contract to be void, otherwise to be and remain in full force and effect, the said contract being a bond for a deed from plaintiffs to the said, the terms of which might be avoided by plaintiffs upon the nonpayment of any of the installments falling due upon said installment note at the maturity thereof, or upon the nonpayment of the principal amount due upon either of the principal promissory notes aforementioned at the maturity thereof.

That the said died intestate on or about the day of , 19, in the said county of Oklahoma, leaving the said

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and State of his widow, and the said

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daughters, the only heirs at law of said decedent, and said defendants are now the only heirs at law of said decedent.

-$

On the

day of

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19, on the aforesaid note for an installment thereon in the sum of $

became

due and was not then paid, whereby all the other unpaid installments on said note became due and payable at the election of the plaintiffs, and thereupon plaintiffs made due presentation of last said note to the said administratrix and legal representatives of said decedent, for payment of all installments due thereon, and gave notice of their election to claim as due all installments unpaid thereon, and of such legal representatives

made due demand for such payment, which payment was refused, and thereupon plaintiffs gave notice to such legal representatives of decedent that they elected to avoid the conveyance of the real estate described in the aforesaid contract under date of 19, and thereupon the said contract which was recorded in the office of the register of deeds of

Oklahoma, on the

County,

day of, 19, as aforesaid, became null and void, and was, as aforesaid, avoided, and the same now has no force or effect as a legal contract.

On or about the day of, 19, plaintiffs and defendants accounted together concerning the mutual dealings before this time had between them relative to said recorded contract for conveyance and said promissory notes, whereby a mutual settlement was then had and made between the parties plaintiff and defendant, respectively; and on such settlement it was found that all payments which had been made on said promissory notes prior to the day of 19-,

day of

amounted to a sum nearly equal to the value of the rents, income and profits which defendants and the estate of said decedent had received from said real estate since the 19; and it was then and there, at the time last aforesaid, mutually agreed by and between the plaintiff and defendants that the payments made as aforesaid on said notes should be set off against the said rents, income and profits, and that there should be no further liability from or to the said parties plaintiff or defendant, respectively, on said accounts; and thereupon the said for herself and said estate and her said wards, made, executed and delivered their certain deed, in writing, thereby conveying all the right, title, interest and equity of the said her heirs and assigns, in and to the said real property above described, as well as the right, title, interest and equity of said minor children therein, to the said plaintiffs herein, and said deed was duly recorded in the office of the register of deeds of County, Oklahoma, on the

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day of 19—; and thereupon the said plaintiffs surrendered to said defendants and to said estate the aforesaid promissory notes; and in equity there is now no liability between the said plaintiffs

and defendants and the said estate, on account of any of the aforesaid contracts and notes, except in this, to-wit:

The deed last aforesaid executed and delivered by the said to said plaintiffs, conveys, in law, only the right, title, in and to said real estate

interest and equity of the said above described, and, the premises considered, said minor children of said decedent, have an apparent claim and interest in and to said real estate, but no actual and real interest therein, whereby plaintiffs' title in and to said real estate becomes clouded.

WHEREFORE, plaintiffs pray that said claim of defendants, and each of them, may be adjudged null and void, and plaintiffs' title quieted against the same, and for such other relief as is proper.

State of Oklahoma,

Attorney for Plaintiffs.

County, ss.:

being first duly sworn, on his oath, says: I am a party plaintiff in the above entitled action; I have read the within and foregoing petition, and I know that the declarations set forth are true.

Subscribed and sworn to before me this

19-.

[SEAL.]

My commission expires

Sec. 1191. Form for praecipe for summons.

day of

Notary Public.

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To the Clerk of said Court:

Issue summons in the above entitled cause, and direct the

same to the sheriff of

for the defendants,

County, State of Oklahoma, to or as administratrix of the estate of

deceased, and as guardian of the minor defendants

above named,

and

Also issue summons for each of minor defendants last above named.

of

Amount claimed, $

-, 19-, at

and interest from the per cent. per annum,

day

Action brought for to quiet title to (Here describe real es

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You are hereby commanded to notify the defendant, as administratrix of the estate of

deceased, and as guard

ian of the minor heirs of said decedent, and

minor children of said deceased, that

and

they have been sued by the plaintiffs,

and

in the

district court, sitting in and for said county of

and that,

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