form our duties as commissioners in the above action faithfully, impartially and to the best of our ability.

Sworn to before me and subscribed in my presence this

day of

19-.

[SEAL.]

My commission expires

Notary Public.

Sec. 1237. The commissioners' report of their proceedings.

According to the command of the writ of partition in this case issued, and on call of the sheriff of said county, we, the undersigned commissioners in partition in said cause, after being first duly sworn, and after actual view of the premises, do make partition thereof as follows, to-wit:

Sec. 1238. The sheriff's return of his proceedings.

As commanded by the foregoing writ of partition, I have executed the same by the oaths of and causing said partition to be made of the real estate in this writ described, all of which will appear by the report of the commissioners returned herewith.

This cause coming on this day to be heard upon the return of the sheriff and the report of the commissioners heretofore appointed herein, and upon application to confirm the same, and it appearing from the evidence adduced and the argument of counsel, that said return and said report are regular and in due form of law, and that the same should be approved and confirmed.

IT IS THEREFORE ordered, adjudged and decreed that said return and said report be, and the same are hereby approved and confirmed; and

It is further ordered that the sheriff execute and deliver to each of the parties herein the shares allotted to each in said report.

And the court coming now to fix and apportion the attorney's fee herein and the costs, it is ordered that the attorney for

plaintiff,

be paid $

for his services herein, and

that the same, together with the costs herein, taxed at $

portions, and for

be paid by each of the parties hereto in the payment of said fee, and said costs, let an execution issue.

Judge of the District Court.

Sec. 1240. The sheriff's deed.

THE SHERIFF'S DEED.

WHEREAS, on the

day of

19-,

-, as plaintiff, filed his certain petition and then and there commenced an action in the district court of County, Oklahoma, against

and others, and numbered on the docket of said court, demanding partition of certain real estate; and,

WHEREAS, such proceedings were had that commissioners in partition were duly appointed by said court in said cause, who, after being duly sworn according to law, and upon actual view, made partition thereof, and assigned and set off to real estate hereinafter described; and,

the

WHEREAS, the said commissioners made their return of said partition to the court for confirmation, and upon due consideration whereof, the court approved and confirmed the same and ordered the sheriff of said County to execute and de

County,

liver a deed to the parties to whom said lands had been assigned. Now, THEREFORE, I,, sheriff of said Oklahoma, in consideration of the premises, and by virtue of the powers in me vested by law, do, by these presents, grant, bargain, sell and convey unto the following described real estate,

to-wit: (Here describe it.)

TO HAVE AND TO HOLD the same unto

assigns, as fully and completely as I, the said.

his heirs and

sheriff

of said county and State, by virtue of said order of said court and of the statute made and provided for such cases, might or should convey the same.

IN WITNESS WHEREOF, I have hereunto set my hand this

State of Oklahoma,

Sheriff of said County and State. County, ss.:

Before me, a in and for said county and State, personally appeared sheriff of said county and State, to me known to be the identical person who executed the within and foregoing instrument, and acknowledged to me that he executed the same as his free and voluntary act and deed as such sheriff for the uses and purposes herein set forth.

IN WITNESS WHEREOF, I have hereunto affixed my hand and seal on this

day of

19-.

[SEAL.]

Notary Public.

*My commission expires

Sec. 1241. Commissioners' report when the property cannot

According to the command of the writ of partition in this case issued, and call of the sheriff of said county, we, the undersigned commissioners in partition, after being first duly sworn, and

* In case the lands cannot be divided without manifest injury thereto, or one of the parties elect

to take it at the appraisement, the proceedings by the commissioners assume the following form.

after actually viewing the premises, are of the opinion that said real estate cannot be divided without manifest injury, and we do estimate the value of the same at $

Given under our hands this

Sec. 1242. Sheriff's return.

day of

19-.

Commissioners.

As commanded by the writ of partition above directed to me, I have executed the same by the oaths of

and

-, and the said commissioners being of the opinion that the said real estate cannot be divided without manifest injury, I have caused the same to be appraised, all of which will appear by the report of the commissioners returned herewith.

Given under my hand this

day of

19-.

Sheriff.

Sec. 1243. Election by one of the parties to take real estate

Comes now

-, Defendants.

one of the parties to this action, and a tenant in common to the real estate sought to be partitioned herein, and elects to take the same at the appraisement thereof, and he asks the court to award such real estate to him.