The Trial of Title to Land in Oklahoma: Being a Treatise on the Law of Real Estate, with Practice, Forms, and Procedure, Band 1

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W.H. Anderson Company, 1913 - 1838 Seiten

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a IN THE DISTRICT COURT
10
VenueReal property in one or more tracts in two or more
12
General provisions for the enforcement of this supplemental
14
Venue 9 what must appear in the pleading as
18
The form for the order removing restrictions 1517
20
Source of receivers authority to sell real estate 1055
24
Venue Where every other action must be brought
26
All lands allotted to Cherokees inalienable how 1355
31
Motion to vacate in cases pending in the Supreme Court 1060
33
45
59
Service by publication on unknown heirs
65
Actions by or against infantsThe next friend and guardian
69
Allotments to Delawares who are members of nation 1328
71
Actions by or against infantsThe next friend no party to
76
INDIAN LAND LAWSFEDERAL LAW RATIFYING AND CONFIRMING A SUP
82
CHAPTER V
83
Executors etc may act in behalf of interest represented 1099
86
Judgments without jurisdiction of the parties or the subject
89
Effect of void and voidable judgments
95
Powers limited to those specified 977
100
Judgment ordering conveyanceBy whom and how secured
101
SECTION PAGE 108 Judgment on special verdict
104
Judgments concerning infants set aside when
105
Judgments in district court on cases appealed from county court
106
Abstract of title press copies of writings etc admissible
107
The clerk to make complete record in case when
108
Upon failure of clerk to make complete record court may do so
109
Judgment lienGeneral discussion
110
Judgment of county court lien on real estate
111
Judgment recorded in office of register of deedsEffect of
112
Res adjudicata
113
The procedure by which judgment is obtained on warrant of attorney to confess judgmentForm for the petition
114
The answer confessing judgment
115
The judgment by confession
116
CHAPTER VI
117
Order of court appointing receiver 1066
118
General statement
119
The praecipe for an execution
120
The property subject to levy and execution
123
The command of the execution
125
The priority in case of several leviesThe office must endorse on the writ the date he received it
126
If no goods to levy on real estate
127
The officer may require bond before levying on goods claimed by third party
128
The notice of saleInventoryGoods taken on execution
129
The appraisement must be made on actual view
131
Duty of district agent as to disbursement of proceeds of sale
132
The sheriffs return of his proceedings under the writ
138
The writ of execution to be returned in sixty days
151
SECTION PAGE 174 Equitable interest in lands subject to levyStocksChoses in action
155
Pleading practice and procedure the same in the county court as in the district court
156
Execution to conform to judgmentSpecial cases
157
Judgment of a justice of the peace becomes a lien on the real estate when
158
Justice to certify costs
159
The praecipe for summons
160
The sheriffs return
161
The affidavit in proof of insanity
162
The answer of guardian ad litem for insane defendant
163
The execution
164
The sheriffs return of his proceedings under the execution
165
The appraisement by the sheriff of real estate under levy of executionThe oath of the appraisersThe appraisement
166
Sheriffs publication of notice of sale of real estate under the levy and execution
167
The proof of publication of sheriffs notice of sale of real estate
168
The order of the court approving and confirming the sale of real estate under the execution
169
Sheriffs deed where real estate is sold under the ordinary writ of execution
170
Procedure where real estate is sold under a venditioni exponas The sheriffs return
172
The praecipe for the venditioni exponas
173
The appointment of appraisers under a venditioni exponas The oath of appraisers The appraisement
174
The legal notice by the sheriff under a venditioni exponas
175
SECTION PAGE
177
The appointment of appraisersThe oath of the appraisers
185
vii
193
Sale of land by guardian 1355
194
The hearing of the petition by the courtThe proof in such
199
SECTION PAGE 1458 Reservation from sale 1008
200
SECTION PAGE 232 When person interested may apply for order of sale
203
The notice in case of private sale
204
Balance of purchase price secured by mortgage
205
Objections may be made to confirmation of sale
206
The deed to the purchaser
207
Facts to be proved before confirmation of sale
208
When in an estate by will an executor may sell real estate without order of court
209
Devisees and legatees must contribute to pay debts when
210
The purchasers bond and its condition
211
The mortgagee may be a purchaser
212
Fraudulent sale by administrator or executorLiability in double the value of the property
213
The sale by an executor or administrator must be returned at the next term of the county courtThe return of sale to be verified
214
Executor or administrator not required to sue unless upon application of creditors
215
How publication made
216
When description of real estate need not be published
217
The petitionOrdinary form
218
The order for the hearing
219
The notice of the hearing and the proof of posting the same Proof of mailing
220
The proof of publication of the notice of the hearing of the petition
221
The decree for the sale of real estate
222
The order appointing appraisers of real estate
223
Former warrants to be redeemed at once 1036
224
The report of sale of real estate by administrator
225
The notice of the hearing of administrators return of sale of real estate
226
Order for hearing of the return of sale of real estate by an administrator
227
The notice of hearing return of sale of real estate
228
The legal notice of sale of real estate by an administrator and the proof of posting same
229
The notice of publication and the proof of sale
230
The appraisal before private sale of land by an administrator
232
The form for a deed to purchaser of real estate at an admin istrators sale thereof
234
CHAPTER VIII
237
Introductory statementThe statute must be strictly followed
238
An auxiliary remedy allowed only after suit is brought
239
When the action is deemed commenced
240
The grounds for attachment
242
When the defendant or one of several defendants are nonresi dents of the state
243
Has absconded with intent to defraud his creditors
245
When the debt has been fraudulently or criminally incurred
246
SECTION PAGE 295 Fraudulent disposition of property
247
The attachment bondAttorneys fee
248
The order of attachment may be issued to different counties
249
The order in which the writ is to be executed
250
The officer may leave property in possession of whomReten tion bond
251
What the officers return of the order must show
252
Sheriff to act as receiver when
253
Judgment in the actionHow satisfied
254
May order retaking of property
255
The defendant may move to discharge attachmentThe evi dence in the case
256
The procedure by which real estate is sold under a writ of attachmentThe form of the petition in such case
257
The form for the affidavit in attachment
258
The form for the bond in attachment
259
The form for the order of attachment issued by the clerk to the sheriff
260
The form for the affidavit for service by publication upon a nonresident defendant in attachment
261
The form for notice by publication
262
The order of sale in attachment proceedings
263
SECTION PAGE
267
The entry confirming the sale of real estate 1076
269
May retain money and property to enforce lien when
273
The form for the judgment and order of sale of the attached property
274
The settlement without the notice to or knowledge of
279
Contract of infant or next friend to employ counsel when
286
SECTION PAGE 355 The power of infant or next friend to employ counsel
291
The employment of an attorney is a necessary and the infant alone may make the contractA necessary in an action for personal injury
292
The action does not abate on the death of the next friend Counsel fees in such case should be paid
295
The law as to procedure after judgment
296
Form for decree of court foreclosing lien of attorney for services
301
Form for order of sale directed from the clerk to the sheriff
303
Form for the appraisement of the real estate
304
The form for the oath of the appraisers
305
Form for proof of publication of notice of sale of real estate
306
Form for the sheriffs return of his proceedings under the writ
307
Form for confirmation of sale
308
Form for sheriffs deed to the purchaser of said real estate
309
CHAPTER X
311
The appraisal of the real estate
312
The order of the court appointing appraisers
313
The petition to sell real estate at private sale subject to in cumbrances
314
The order to sell real estate at private sale subject to incum brances
315
The entry confirming such sale
316
The order of the court authorizing sale at public auction
317
The order and decree of the court authorizing such sale
318
CHAPTER XI
321
CONVEYANCE OF REAL ESTATE AND PROCEDURE CONNECTED THEREWITH 385 Who may hold convey and mortgage real estate
322
Witnesses to execution of conveyances not necessary
323
When husband or wife may convey homestead
324
Deeds executed by sheriff how acknowledged
325
Contract valid against third persons when
326
Innocent purchasers protected when
327
The form for the order of sale issued by the clerk to the sheriff in attachment proceedings 265
328
The form for the legal notice of sale of real estate under at tachment proceedings 266
329
Who may recover on warrantyAttorneys fees
330
What instruments of conveyance may be used as evidence in court
331
Corporation may convey by attorney when
332
Will may be recorded with like effect as deed when
333
Before whom acknowledgments may be taken
334
Difference in form for a warranty and quitclaim deed
335
When corporate seal to be attached to instrument
336
Form for deed conveying life estate with remainder over
337
Form for deed conveying remainder estate subject to a life estate
338
Form for deed by tenant for life
339
Form for power of attorney to sell and convey real estate price and terms discretionary
340
Form for petition for breach of covenant against incumbent
342
THE PROCEDURE BY WHICH A CONTRACT FOR THE PURCHASE AND SALE OF REAL ESTATE IS SPECIFICALLY ENFORCED
343
Preliminary statement
344
Contract must not be unconscionable
345
Contracts specifically enforced though vendee at fault
346
Defective description cured whenVendor estopped to object when
347
Contract by agent without naming principal cannot be spe cifically enforced
348
Performance will not be decreed where title is defective
349
The evidence required in proof of the contract
350
The statute of fraudsThe writing excludes all other nego tiations
352
Statute of fraudsPart performance satisfies the statute Possession
353
Statute of fraudsVerbal contract partly performed may be specifically enforced
354
Statute of fraudsDescription defectiveUndisclosed principal
355
Decree may contain terms of mortgage agreed upon by con
359
Form for petition to compel specific performance of agreement
366
Federal law providing for the filing recording and acknowl
370
The statutory regulations as to when party may rescind
372
SECTION PAGE 480 Another form for cancellation of deeds mortgage and lease
376
Decree of court canceling instruments set forth in the petition
378
Another form for decree for cancellation of deeds
379
CONVEYANCESREFORMATION OF INSTRUMENTS of 483 The parties defendant in an action to reform an instrument of conveyance
381
on
382
When a court of equity should interfere
383
The instrument may be reformed and specific performance decreed
384
The rule as to bona fide purchasers
385
A deed may be corrected so as to make the grantee assume existing mortgages when
386
Estoppel
387
Form for petition correcting description in a mortgage and set ting aside a release of mortgage made under mistake
388
Decree of court correcting said mortgage finding service by publication and appointment of guardian ad litem for minor defendants
389
Procedure by which a deed is reformedForm for petition
392
Form for praecipe
396
Form for summons
397
Form for affidavit for service by publication
398
Form for the notice
399
Form for proof of publication
400
CONVEYANCES IN FRAUD OF CREDITORS THE LAW AND PROCEDURE 504 Fraudulent conveyanceThe statute
404
Rules and regulations 1009
405
The preference by mortgage
406
The preference may be given under a general assignment for the benefit of creditors
407
Exceptions as to exempt property
408
Question of fraudulent intent one of factExceptions
409
The procedure by which a conveyance in fraud of creditors is set aside The petitionOrdinary form
410
Petition of judgment creditor to set aside fraudulent mortgage and marshal liens
411
ises
413
Petition to set aside fraudulently confessed judgment and deed made thereunder
415
Another form for petition to set aside fraudulent deed
416
CHAPTER XII
419
General discussion
420
Dower and curtesy abolished in Oklahoma
421
What property passes to the heirs
422
Inheritance from an illegitimate child
423
The lines ascending and descending
424
Advancement of childs part
425
AdvancementWhen the descendant receiving it dies before decedent
426
Heirs must pay obligations of decedent
427
Where decedent leaves no surviving husband or wife
428
Where property acquired by joint industry of husband and wife
429
Where decedent leaves a surviving husband or wife no issue
430
What children entitled to enrollment 1179
432
SECTION PAGE 568 Advancement by settlement of portion to childHow reckoned and effect ofWhen not equal to share of estateValue
433
Date of removal of restrictions 1274
434
Posthumous children
441
Where there is default of father and mother
449
Leases for mining purposes 1012
450
of such advancement how ascertainedMaintenance edu cation and the like not to be taken as advancement when
451
ARKANSAS STATUTE OF DESCENTDOWER AND ASSIGNMENT THEREOF
453
Widows dower in lands
454
Mortgage of husband not to affeet widows dower
455
Widow no dower in lands held by her husband as mortgagee
456
When assented to by wife to bar dower
457
When provision in lieu of dower forfeited
458
Duty of commissioners appointed to lay off dower
459
Widows dower descends how
460
Widow may relinquish dower and take absolutely a childs share of the estate
461
Laws investing certain estates in widow and children not repealed
462
How widow may proceed when dower not assigned in due time form of petition for dower
463
Constructive service
464
Commissioners to be appointed and their duties
465
Heirs alienation of land not to affect widows dower
466
Form for the petition for the assignment of dower
468
Decree of court awarding dower to widow
469
The writ of dower issued by the clerk of the sheriff
470
The decree of the court confirming the report of the commis sioners assigning dower
471
613a Curtesy under the Arkansas lawTenant by curtesy defined
472
THE PUBLIC LANDS
473
SECTION PAGE
474
RESTORATION OF RECORDS OF TITLE TO REAL ESTATE WHEN LOST
475
Who may make a will
476
Insane delusion
477
Undue influence duress menace fraud
478
Improvements made by members of one tribe on lands of
480
Undue influence execution evidence of
481
Undue influenceThe admissibility of evidence of testators declarations as to undue influenceDeclarations of the beneficiary
482
The burden of proof in case of testamentary incapacity
483
Construction of statute as to noticeLimitation of action as to heir
486
Rights of married woman
488
Will may be made to anyone capable of taking
489
A conditional will may be denied probate
490
Nuncupative will need not be in writing
491
Change of domicile
492
SECTION PAGE 637 When the county judge may open will
493
Effect of partial erasure
494
Marriage of woman revokes will
495
Partial disposal after will
496
Devisees descendants take property
497
Gift to a witness void
498
Intention of testator governs
499
Irreconcilable parts
500
Validity of will favored
501
Residue of personalty
502
Class includes all
503
Testamentary dispositions vest at death
504
SECTION PAGE 685 Condition precedent defined
505
Legacies classified
506
For payment of legacies
507
Class only affected
508
Income after death
509
Authority void when
510
Will may be recorded with like effect as a deed
511
712b WillChoctaw and Chickasaw
513
THE PROCEDURE IN THE PROBATE AND CONTEST OF A WILL
514
SECTION PAGE 757 When all executors named are not appointed those appointed
515
Jurisdiction of probate court
516
Under substitution of jurisdiction rights remain the same
517
Custodian of willsThirty daysMust deliver to whom
518
When executor held to renounce his right to letters
519
Notice to heirsHow given
520
Proof of service of noticeHearing proof of will
521
Form for the order authorizing lease 1597
524
Revocation being made powers of executors ceaseActs done
527
The procedure by which a last will and testament is admitted to probate The form for the petition for probate of a will 340
540
Form for order of hearing petition for probate of a will
541
Form for proof of posting and mailing the foregoing notice
542
Form for protest of heirs against allowing probate of last will and testament
543
Form for order appointing guardian ad litem for infant heirs
545
Form for the protest of guardian ad litem of minor heirs against the probate of the alleged last will and testament
546
Form for the answer of proponents to protestants to said will
547
Form for order of court admitting will to probate
548
Form for order of court refusing to probate last will and testa ment
550
The procedure by which a will is contested after the same has been admitted to probateThe petition in such case
551
Form for praecipe for summons in such action
553
Form for agreement by parties to have cause referred to special judge for the determination of the question as to the setting aside of the will in contro...
554
Form for official oath of special judge
555
Form for sheriffs return of his service of said citation
556
Execution by grant 982
557
Form for reply to answer
558
judge
559
Form for petition for the probate of a foreign will
560
Form for certificate of proof of foreign will
562
Form for order admitting foreign will to probate
563
The procedure by which a lost will is admitted to probate
564
Form for order of hearing petition to take proof of lost will
565
Form for proof of publication
566
Form for the annexed notice by publication
567
Form for notice of the hearing of the proof of lost will
568
Form for proof of publication of the foregoing notice
569
CHAPTER XIII
571
Forcible entry and detainer a misdemeanor
572
The notice to quitHow served
573
The proof of service of the notice
574
The justice shall give restitution when
575
The action will never try title
576
The action will lie against the holder of a valid title who acquires possession by force
577
The complaint
579
Service of summons
580
Trial and judgment by justice
581
Trial and verdict by jury
582
The issues on appeal to the county court
583
Stay of proceedings
584
Form for complaint for peaceable entry and forcible holding
585
Form for complaint against occupier of lands without color of title
586
Another form for complaint
587
Form for summons and officers return of
588
Form for affidavit for continuance
589
Form for verdict for plaintiff
590
Form for judgment on the verdict
591
CHAPTER XIV
592
in conducting same
594
Form for allotment certificate Chickasaw Nation 1606
595
Court proceedings records orders and judgments of county courts construed to have same effect os those in district courts
596
The service of process in the county court
597
Wards real estate may be sold for the payment of his debts
598
Guardian may sell wards real estate to maintain and educate him
599
The petition for the sale of real estate by guardian
600
The notice to the parties where and how postedThe mailing of the notices
601
The order as to costs in case of objection to the sale
602
The guardian to comply with the statutes created applicable to administrators and executors sales of real estate
603
The statute of limitations as to order of sale
604
858a Summary of necessary steps to subject lands of minor to sale
605
The procedure by which a guardian may sell real estate of his wardThe form for the petition
607
SECTION PAGE 860 The order for hearing the petition to sell wards real estate
608
Form for the waiver of the statutory notice and consent to immediate hearing
609
The form for the order of sale of wards real estate where parties waive the noticeGuardian appointed in one county and real estate situated in another
610
Form for legal notice for posting
611
Form for proof of posting legal notice
612
Form for legal notice and proof of publication of same in county where guardian resides and was appointed
613
Form for report of the sale by guardian
614
Form for the order for the hearing of the guardians report and return of sale of real estate
616
Form for offer of more than ten per cent of the amount bid at guardians sale of wards real estate
617
Form for order confirming sale of real estate to party bidding ten per cent more than the bid at public auction
618
Form for the deed from the guardian to the purchaser
619
Procedure by which guardian is authorized to loan funds of wardThe petition therefor
621
The form for order of loanThe appointment of appraisers
622
The form for the oath of the appraisers
623
The form for opinion of attorneys as to title
624
The form for the report of guardian as to loan
626
The form for the order approving and confirming loan
627
Set of forms for the appointment of a guardian and for the sale of real estate by guardianThe form for selection of guardian by a minor over years of...
628
Form for the oath to the petition
629
Form for the order appointing guardian
630
Form for the oath of guardian
631
Form for the oath of sureties
632
Form for the oath of guardian to inventory and appraisement
633
Form for the order appointing appraisers
634
SECTION PAGE 895 Form for the certificate of appraisers
635
Form for petition to sell real estate by guardian
636
Form for oath to petition
637
Form for waiver of notice of hearing petition by next of kin and persons interested
638
Form for the affidavit of publication
639
Form for the order appointing appraisers
640
Form for the decree of sale of real estate by guardian
642
Form for notice of sale of real estate
643
Form for the affidavit of posting notice
644
Form for affidavit of posting notices
645
Form for the proof of legal notice
646
Form for the legal notice of sale of real estate by guardian
647
Form for the additional bond of guardian
648
Form for the oath of sureties
649
Form for oath of guardian to return
650
Form for order for hearing return of sale of real estate
651
Form for affidavit of posting notices of hearing return
652
CHAPTER XV
654
Homestead in forty acres for the Indian and freedman
655
INDIAN LAND LAWS
656
The homestead law a constitutional provision
657
What property exempt from attachment or execution
658
Homestead shall consist of what may be mortgaged
659
AbandonmentWaiverForfeiture
660
When husband or wife may execute instrument without the other joining
661
Husband or wife executing instrument on homestead alone can be avoided only by the party not joining
662
936
664
Form for deed in such case
670
Stipulations of lease 1018
672
Chickasaw and Choctaw nationsPatents to purchasers 1492
675
Tenancy from year to yearHow terminated
676
SECTION PAGE 971 Arrears at deathMay be recovered
679
Joint tenants
680
Share of crop as rentLessors rights in
681
Landlord may attach when
682
Attachment to enforce lien on crop when
684
Lease must be in writing
685
Notice Classes ActualConstructivePresumptions of con structive notice
686
Requirement as to writing or printing of lease
687
Form for lease of furnished house
688
Choctaw Chickasaw Creek and Cherokee nationsWhere plats
690
Form for lease for apartment
691
Form for lease of storeroom with chattel mortgage clause
694
Form for affidavit of lessee proof of bonus and no develop
696
Form for assignment of lease indorsed on lease
698
Form for ninetynineyear lease renewable forever
699
Form for petition by landlord to recover lien on crop sold by tenant to purchaser with notice
705
Form for petition replevying landlords share of crop
706
Form for affidavit of replevin in such case
707
Form for writ of replevin
708
Form for affidavit in attachment for rent on farm land
709
Form for order of attachment for rent on farm land
710
Form for notice to tenant to quit premises
711
Form for affidavit of service of notice to quit
712
CHAPTER XVII
713
The origin and nature of the law
714
The right to assert the lien may be waived how
715
The lien attaches to leasehold interests when
717
The title necessary to support a lien
718
Subcontractors lienStatementTime when same is filed Notice to the owner
719
Validity without recital by power 983
720
Materialman and laborer furnishing material and labor to fraudulent grantee protected when
721
ProcedureAll lien claimants to be made parties
722
The action to foreclose mechanics lien and the procedure incidental to the action
724
Actions to enforce liens consolidated when
725
Owner may file petition making the lien claimants parties and ask for an adjudication
726
Bond of contractor for public building
727
Lien for one who has performed labor for a railway company
728
The notice to be given
729
Subcontractor may obtain lien in same manner as contractor
730
Form for petition foreclosing subcontractors lien
731
Procedure by which a mechanics lien is foreclosedThe peti tion for foreclosure of lien setting forth a single cause of action upon a materialmans lien
735
Form for answer admitting the allegations of the petition and consenting to the prayer thereof
737
Form for notice for service by publication for nonresident defendant
738
Form for the affidavit for service by publication
739
Form for service by publication
742
Form for proof of publication
743
SECTION PAGE 1046 Form for execution in such case
746
Form for appraisement of real estate
747
Form for publication of sheriffs sale of real estate
748
Form for proof of publication
749
Form for order of court approving sheriffs sale
750
Form for sheriffs deed to purchaser
751
CHAPTER XVIII
754
The venue of the action to foreclose a mortgage
755
ProcedureNecessary parties to the action
757
The law and procedure in foreclosing a mortgage when one not a party to the action assumes it and agrees to pay it
758
The indorsement on the summons in the action to foreclose a mortgage
759
Personal judgment in foreclosureMay order payment of costs and attorney feesDuty of sheriff when tracts lie in dif ferent countiesPledge of real estat...
760
Procedure after sale in foreclosure of mortgage
761
When husband or wife may mortgage homestead
762
Who estopped from denying validity of mortgage
763
Mortgages how acknowledged
764
Parol evidence admissible to show nature of transaction
765
Separate instrument with defeasance to be deemed parts of each other
766
Such instrument deemed an assignment
767
Duty of register of deeds when mortgage is presented for record
768
Assignment of nonnegotiable note secured by mortgage effect ive of
769
Another statutory form for mortgage
770
Discharge noted by recording officer when
771
Note and mortgage construed together
772
Form for petition for foreclosure of mortgage where third party assumes the mortgage and agrees to pay it
773
Form for petition for foreclosure of a mortgage where succes sive grantees have assumed and agreed to pay it
775
Form for petition seeking to reform a mortgage and foreclose the same marshaling the liens
778
Form for petition in an action to declare a deed a mortgage and foreclosing the same
780
The procedure by which a mortgage is foreclosedThe form for the petition in foreclosing a building and loan mortgage
782
Application for the appointment of a receiver
787
The order appointing receiver
788
Affidavit for service by publication
789
Notice by publication
790
Decree of foreclosure
791
The order of sale directed from the clerk to the sheriff
793
The legal notice of the sale by the sheriff under the decree of foreclosure
795
The proof of publication of notice of sale
796
Sheriffs return of his proceedings under the writ
797
Sheriffs deed to the purchaser
798
CHAPTER XIX
801
SECTION PAGE 1111 The nature of the old action of ejectment
802
Intances where ejectment a proper action
804
Plaintiff may recover where shown to be entitled to only a part of the land in controversy
807
Ejectment will not lie to recover under oil and gas mining lease where lands undeveloped
808
Plaintiff must recover on the strength of his own title
809
Possessory title will prevail when
810
The action may be an equitable action as well as legal
811
A joint tenant out of possession may not have partition with out joining a cause of action for possession
813
Actions by or against executors for the recovery of real estate
814
The allegation of the answer in ejectmentPossession ad mitted when
816
The allegations of the answer of a cotenant
817
Recovery of rents and profits by cotenant
818
Possession in ejectment may be awarded the defendant who pleads by crosspetition
820
Neither party may contest prior deed when
821
Action by an occupant of a town lot before legal title has passed from the government
822
The statute of limitations in actions concerning real estate
823
Legal disability as to real property
824
The burden of proof
825
Verdict where right of action changes pending suit
826
Restitution by sheriffCrops belong to what party
827
Costs for plaintiff on recovery in ejectment
828
Procedure in ejectment where trial by jury is waived and the cause submitted to the court sitting as a juryThe form for the petition
829
Form for answer
830
Motion for a new trial
831
The procedure by which the possession of real estate is recov eredThe form for the petition when damages are asked
832
The answer containing a general denial
834
Instructions to the jury
835
Motion for new trial
836
Form for judgment for plaintiff on the verdict
837
Form for judgment on verdict for defendant
838
THE OCCUPYING CLAIMANTS LAW 1163 Preliminary statement
840
until improvements are paid for
841
Occupant must have color of titleDefinition of term
842
Instances where occupant not allowed for improvements
844
Improvements for which the occupant may be paid
845
Tax title which will support the claim for improvements
846
Construction of the occupying claimant statutes
847
Judgment for value of improvementsExecution thereon
849
Writ of possession whenIssued in favor of successful claim ant
850
Land sold by executor administrator or guardianSheriff or commissionerRecordedPlaintiff not entitled to posses sion when
851
1175b ImprovementsIndian lands
852
THE PROCEDURE BY WHICH TITLE TO REAL ESTATE IS QUIETED 1176 The statutory action to quiet title
854
The equitable action to quiet title
855
The nature of the action
856
Sufficiency of the allegations of the petition to quiet title
860
Answers and crosspetitions in the action
861
The nature and effect of a decree quieting title
862
Form for the petition to quiet title to land devised to descend to brothers etc in case of death without heirs
863
Form for the petition in an action to quiet title and to enjoin judicial sale
864
Form for the answer in action to quiet title of adverse posses sion for more than years
865
Form for the judgment and decree of the court in the action to quiet title
866
Procedure by which title to real estate is quietedThe form for the petition
867
Form for praecipe for summons
871
Form for the summons
872
Form for waiver of summons and entry of appearance
873
Form for motion for appointment of guardian ad litem for minor defendants
875
The answer of the guardian ad litem
876
The decree of the court quieting title
877
SECTION PAGE 1198 Nature of the proceedingEquitable and statutory
879
One tenant cannot effect partition by deed conveying his interest by metes and bounds
882
Construction of partition by mutual releases
883
Remainderman or reversioner cannot have partitionThe exception to this rule
884
Heirs may not have partition of homestead occupied by wife and family
885
The real estate must be described in the petition to partition
886
The allegations of the answer
887
Heirs not divested by foreclosure proceedings when
888
The commissioners in partition
889
The report may be set aside when
890
The sheriffs return and deed
891
The doctrine of lis pendens as applied to partition suits
892
Form for petition for equitable partition when advancements have been made
894
Form for petition where an account for rents and profits is asked
896
The proceeding by which real estate is partitioned by the courtThe ordinary form for partition
897
Form for answer of defendant disclaiming any interest in the real estate
899
SECTION PAGE 1234 Form for decree for partition
900
The writ of partition directed to the sheriff by the clerk
901
The oath of the commissioners
902
The commissioners report of their proceedings
903
The sheriffs return of his proceedings
904
The sheriffs deed
905
Commissioners report when the property cannot be divided and must be sold
906
Sheriffs return
907
Entry confirming sale order of deed and distribution of funds
908
Entry confirming report of appraisement and ordering sale of real estate
909
The order of sale from the clerk to the sheriff
910
Legal notice of sale
911
Sheriffs return
912
Choctaw Chickasaw Creek and Cherokee nationsAppraise
913
PARTITION b IN THE COUNTY COURT 1251 The partition may be made whenThe commissioners in partitionTheir oath and duties
914
The petition for partition and the notice required
915
The partition when the real estate is in different counties
916
The rule when estate cannot be dividedOwelty in partition Males preferred to femalesDuties of commissioners when estate cannot be divided
917
The whole tract may be assigned to whomThe payment by the others
918
The report of the commissionersOther commissioners may be appointed whenThe decree to be recorded and where
919
Form for petition for partition county court
920
Order for hearing petition for partition
921
Form for oath of the commissioners in partition
923
Lands reserved and segregated from allotment 1194
928
Proof of title in the action to recover land
931
Form for stipulation increasing oil royalty and extending term
935
Copies from any public record how certified and how admitted
937
SECTION PAGE
942
Admissibility of rolls to show tribal blood of allotee
949
Lessee in defaultForfeitureProcedure 1023
951

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Seite 94 - In an action against several defendants, the court may, in its discretion, render judgment against one or more of them, leaving the action to proceed against the others, whenever a several judgment may be proper.
Seite 486 - A holographic will is one that is entirely written, dated and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of this state, and need not be witnessed.
Seite 400 - Every transfer of property or charge thereon made, every obligation incurred, and every judicial proceeding taken, with intent to delay or defraud any creditor or other person of his demands, is void against all creditors of the debtor, and their successors in interest, and against any person upon whom the estate of the debtor devolves in trust for the benefit of others than the debtor.
Seite 47 - ... to or the subject of which is real or personal property in this state...
Seite 418 - The executor or administrator is entitled to the possession of all the real and personal estate of the decedent, and to receive the rents and profits of the real estate until the estate is settled, or until delivered over by order of the court to the heirs or devisees; and must keep in good tenantable repair all houses, buildings, and fixtures thereon which are under his control.
Seite 347 - An agreement that by its terms is not to be performed within a year from the making thereof; 2.
Seite 316 - Given under my hand and seal the day and year last above written. My commission expires Notary Public Notary Acknowledgment of Signature by Mark State of County of , ss : Before me, , a Notary Public in and for said County and State on this day of...
Seite 347 - An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; such an agreement, if made by an agent of the party sought to be charged, is invalid, unless the authority of the agent is in writing, subscribed by the party sought to be charged.
Seite 94 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Seite 493 - ... the testator, such issue shall take the estate so given by the will, in the same manner...

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