vided

The said

is the wife of

interest each in and to the aforesaid real estate. is the wife of said

and the said

each claim some mortgage lien or interest in and to the real estate aforesaid. The defendants,

and

each claim

some interest in and to said real estate, the nature of which plaintiff is not advised.

Plaintiff prays that the said

and

be required by this court to come into this action, and, by appropriate pleadings herein set up their respective interests in and to said real estate, if any they have, or be forever barred from asserting the same in any court; that his interest may be set off to him, in severalty, and if the same cannot be done without manifest injury to said real estate, then that said real estate be sold or other order taken pursuant to the statutes in such cases made and provided, and that plaintiff have such other and further relief as the case may require.

State of Oklahoma,

County, ss.:

Attorneys for Plaintiff.

-, being first duly sworn, says that plaintiff is a nonresident of the State of Oklahoma; that he is attorney for plaintiff, and that the facts stated and the allegations contained in the foregoing petition are true as he verily believes.*

Sworn to before me and subscribed in my presence on this

day of

[SEAL.]

19

Clerk of the District Court.

as in

The præcipe for summons and the summons are the same other actions.

Sec. 1232. Form for answer of defendant disclaiming any interest in the real estate.

Comes now

one of the defendants above named, by his attorney, and, for his answer to the petition filed herein, states that he disclaims any right, title or interest or claim in and to the premises mentioned and set forth in plaintiff's petition.

being one and the same person made defendant in the name of and, in answer to plaintiff's petition, these defendants

admit that

is the absolute owner of an undivided

and

interest in and to the real estate described in said petition; that are husband and wife. As to other matters alleged in said petition these defendants are not advised, but pray proper proof thereof, excepting these defendants deny that have any interest whatever in said real estate or any part thereof; that their alleged claims have heretofore been adjudged void and removed as clouds from the title against said realty.

and

This cause having been regularly placed on the trial docket of this term of court and set for hearing on this day, and now coming on to be beard upon the petition of plaintiff,

and the answer thereto of the defendants,

and

the answer of disclaiming any interest in said real estate, and the evidence, and the argument of counsel, and the court, upon due consideration, finds that each and every of the remaining defendants are in default for answer and demurrer to the petition, and were called three times in open court, and came not, and their having confessed the allegations in the petition to be true, the court finds that the plaintiff has a legal right to and is seized of an estate in fee simple in the undivided interest in and to the following described real estate, to-wit: (Here describe it.) And that said defendants,

and

each have a legal right to and are seized in

fee simple of the undivided

estate.

interest in and to said real

and

IT IS THEREFORE ordered, adjudged and decreed that partition be made of said real estate among said parties in the proportion and as found herein, and that three judicious and disinterested householders of this county, and not of kin to any of the parties interested thereto, are hereby appointed commissioners to make said partition.

It is further ordered that a writ of partition issue to the sheriff of County, Oklahoma, commanding him that by the oaths of the commissioners above named, he caused to be set off and divided to each of the above named parties, tenants in common, the parts and portions of said real estate, to which they are hereinabove severally found entitled, to-wit:

And that if, in the opinion of said commissioners, said real estate cannot be divided by metes and bounds without injury to the value thereof, then that they appraise said real estate, and that said sheriff make due return of his proceedings under said writ.

Judge of the District Court.

Sec. 1235. The writ of partition directed to the sheriff by

To the Sheriff of said County, Greeting:

We command you that without delay, by the oaths of

and

-, you cause partition to be made of the follow

County, ss.:

ing described real estate, situate in

County, State of

Oklahoma, to-wit: (Here describe it), among the following persons in the following proportions, to-wit:

If, however, it is the opinion of said commissioners that said real estate cannot be divided by metes and bounds without manifest injury to the value thereof, you will then cause said commissioners to make an appraisement thereof.

This writ issues in pursuance of an order lately made in the district court of County, Oklahoma, in a certain action

was plaintiff, and

for partition, wherein the said and others were defendants, and numbered on the docket of said court

Of your proceedings in the premises you shall distinctly certify under your hand to o ursaid court forthwith.

WITNESS my hand and seal of said court at the courthouse in County, Oklahoma, this

19-.
[SEAL.]

day of

Clerk.

ers in the above entitled cause, appointed to appraise or partition lands in said cause, do solemnly swear that we will per