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

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Restrictions upon alienation of the Five Civilized Tribes 1403
8
a In the District Court
10
CHAPTER II
12
Venue 9 what must appear in the pleading as to
18
VenueActions against officers must be brought where cause of action arose except
19
VenueActions against transportation or transmission com paniesTurnpike road companies
20
VenueWhere domestic charter provides place for suit
21
VenueWhere every other action must be brought
24
VenueThe action for divorce
25
CHAPTER III
26
Preliminary statement
27
The actionHow commenced
28
Copy of the petition need not accompany the summonsHow copy obtained
29
Summons not fatally defective whenSummons in foreclosure Judgment for more than amount indorsed on summons
30
Summons may issue to another county when
31
The manner in which a receiver is appointed and the procedure
33
SummonsService and return
34
How objection made to irregular serviceMay plead to merits without entering appearance how
35
Alias summons may issue when
36
SummonsService by responsible citizenVerification of re turn
37
Return must state what
39
The officers return may be corrected by amendment
42
When acknowledgment of service equivalent to service of sum mons
43
SummonsService on corporations
44
Constitutional provision as to service of summons upon foreign corporation
45
When no resident agent designated service of summons upon foreign corporation may be upon secretary of state
46
Summons on railroad and state companyDesignated agent
47
Failure to designate agent local agent may be served when
48
Service on insurance company
49
The affidavit required for service by publication
53
Application to set aside constructive service and proceedings under it not a collateral attack when
56
The affidavit for service by publication may be corrected by amendment when
58
Service by publication when and how made
60
Service by publication complete whenProof of publication
62
Judgment on service by publication may be opened up how Procedure as toGood faith purchasers
64
Service by publication on unknown heirs
65
Procedure against several defendants on promissory note
66
Judgment in the action no bar against defendant not served
67
Allotments to Delawares who are members of nation 1328
71
Actions by or against infantsThe guardian ad litem may employ an attorney when
72
Actions by or against infantsGuardian ad litem allowed at torneys fee for counsel employed by him in allowance of his own account when
73
Actions by or against infantsThe next friend no party to the actionMay employ counsel
76
Actions by or against infantsStatutory provisions
78
Actions by or against infantsThe service of summons upon an infant under fourteen years of ageOver fourteen years of age
79
Action by infant after disability of infancy removedPro cedure in action on becoming of age
81
82b Conveyance by minor Creek freedman void
82
CHAPTER V
83
Preliminary statement
84
The judgment must be confined to the issues
86
The judgment must conform to the verdict
88
Judgments without jurisdiction of the parties or the subject matter are void
89
Judgments import absolute verity and cannot be collaterally attacked
91
Judgment of the court as between the parties final
92
The effect of the finding of the court of facts giving it power to enter judgment
94
Effect of void and voidable judgments
95
Void judgments
97
Judgments may determine ultimate right of partiesJudg ment may be rendered against one or more parties
98
Plaintiff may dismiss certain actions
99
Dismissal may not affect setoff or counterclaim when
100
Judgment ordering conveyanceBy whom and how secured
101
Judgment by confession
102
Cause of action must be stated briefly in judgment
103
Judgment must conform to the 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 Ill 123 Lien on real estateLien dates from whenLien on judgment from another county how secured
111
Judgment recorded in office of register of deedsEffect of
112
Res ad judicata
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 VL
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
Property insufficientFurther levyIndorsement by officer
130
The appraisement must be made on actual view
131
Parol evidence may be introduced to show mistake in appraise mentAppraisement set aside when
132
The sale may be made without appraisement when
133
The return of the appraisement
134
The land cannot be sold for less than twothirds of the ap praised valueExceptions as to claims due state
135
The legal notice of sale under the execution
136
The sheriffs return of his proceedings under the writ
138
When objection to the confirmation of sale should be made
140
The irregularities that are and are not corrected by the con firmationThe procedure
141
The sheriffs deed to the purchaser
144
Printers fee to be advanced whenOfficer must demand same when
145
Where sale must take placeOfficer or appraiser may not purchasePersons in trust relations may not bid at their own sales
146
When one other than the officer making the sale may execute the deed
147
The remainder of the proceeds of sale to be returned to de fendant
148
The reversal of the judgment does not defeat title of the pur chaser
149
The writ of execution to be returned in sixty days
151
When execution may issue to sheriff of another county
152
Money collected by execution in another county may not be returned by mail
153
Officer on amercement may collect original judgment when
154
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 appraisersThe appraisement
174
The legal notice by the sheriff under a venditioni exponas
175
Proof of publication of sale by sheriff under a venditioni ex ponas
176
Form for application for approval of oil and gas mining lease 1541
177
The petition asking for the marshaling of liens and sale
178
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
Payments of moneys to Choctaw and Chickasaw nationsPay
200
RECTIOS 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 j
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
231
The bid in writing
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
Restoration of Records of Title to Real Estate When Lost
244
Has absconded with intent to defraud his creditors
245
When the debt has been fraudulently or criminally incurred
246
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 25
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 201
261
The form for notice by publication
262
The order of sale in attachment proceedings
263
Form for sheriffs deed for real estate sold under attachment
269
The form for the judgment and order of sale of the attached property
274
The attorneys lien for his servicesThe statute
275
Right to lien when services partly performed by attorney
281
Leases extended 996
283
The statute authorizing the prosecution or defense on behalf
287
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
Conveyancing 2 ConveyanceSpecific Performance of 3 ConveyanceCancellation of 4 ConveyanceReformation of 5 ConveyanceFraud of Creditors
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 ry Which a Contract for ttie 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 of court in default of deed to operate as a conveyance
356
Surveys for Clarksville Coweta Gibson Station and Mounds 1163
362
Appraisement basis of saleAppeal from appraisement 1002
363
performance of oral contract of sale
365
Federal law providing for the filing recording and acknowl
370
The jury in the action to cancel instrument of conveyance
371
Another form for cancellation of deeds mortgage and lease
376
Lessee to retain possessionTo remove crops etc 1003
377
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
The petition may be amended so as to reform a mortgage sued on
382
When a court of equity should interfere
383
The deed from the trustee to the purchaser at trustees sale of real estate in bankruptcy 318
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 309
399
Form for proof of publication
400
Fraudulent conveyanceThe statute
404
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 asideThe 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
Advancement by settlement of portion to childHow reckoned
433
Date of removal of restrictions 1274
434
Posthumous children
441
Reason for the limitation of the right of the Indian to convey
444
Where there is default of father and mother
449
Payment of money to tribesEmployment of assistance
450
and effect ofWhen not equal to share of estateValue of such advancement how ascertainedMaintenance edu cation and the like not to be taken as adv...
451
Arkansas Statute or DescentDower and Assignment Thereof 569 Widows dower in lands
454
Mortgage of husband not to affet 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
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
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
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
Certified copies of records of any court of record entitled
514
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
SECTION PAOE 757 When all executors named are not appointed those appointed may actWhen coexecutor may act for all 631
531
Administrators with will annexed have same authority as executors
532
Letters of administration with will annexedForm of
533
Another form for will leaving estate to wife also giving execu trix power of sale and compromise
534
Another form for will making specific bequests with devise to widow for life or during widowhood with residuary clause
536
Form for a provision in a will in trust for wife during life with remainder to children advancements to be deducted
537
Form for provision in a will giving power to trustee to con tinue business
538
Form for devise to wife for life with remainder to children
539
The procedure by which a last will and testament is admitted to probateThe form for the petition for probate of a will
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 676
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
H7 The measure of damages for unlawfully detaining property
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
588
Form for affidavit for continuance
589
CHAPTER XIV
592
Form for allotment certificateChickasaw Nation 1609
595
Power of secretary of the interior to cancel selection
598
Guardian may sell wards real estate to maintain and educate
599
Form for allotment certificateChoctawChickasaw Nation 1614
603
wardThe form for the petition
607
The form for the order of sale of wards real estate where
610
Form for the order for the hearing of the guardians report
616
The form for order of loanThe appointment of appraisers
622
Set of forms for the appointment of a guardian and for
628
Lost letters of guardianship 1107
629
General allotment actSelectionPreferenceRightSelection
633
Form for the order appointing appraisers
634
BECTIOS 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
04 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
91 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
homestead
662
Property of decedent to be delivered to family at once the homestead
663
Selection of the homestead
664
Personal property not exempt when
665
Notice to be served and upon whom
666
Form for order for hearing petition
667
Form for notice to be served on nearest male Telative in state
668
Form for order authorizing sale of homestead of insane hus band 66
669
Form for deed in such case
670
CHAPTER XVI
672
Preliminary statement
673
Tenant from year to yearMonth to month
674
To hold from one period to another when
675
Tenancy from year to yearHow terminated
676
Rent not paidNotice to quitTen days
677
Tenant not to assign interest when
678
Sublessees
679
74 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
NoticeClassesActualConstructivePresumptions 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 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
J038 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
SEOTOR 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
The Law and Procedure ry Which a Mortgage on Real Estate is Foreclosed
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
Provisions as to certain public utilities 1209
777
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 sherifi 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
sbction 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
111 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
In what cases the occupying claimant may not be evicted 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
CHAPTER XXIV
851
The statutory action to quiet title
854
Sufficiency of the allegations of the petition to quiet title
860
Form for the judgment and decree of the court in the action
866
Form for the summons
872
SECTION PAGE 1H8 Nature of the proceedingEquitable and statutory
879
lr99 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 806
896
The proceeding by which real estate is partitioned by the courtThe ordinary form for partition 807
897
Form for answer of defendant disclaiming any interest in the real estate
899
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
1249 Sheriffs return
912
Choctaw Chickasaw Creek and Cherokee nationsAppraise
913
The partition may he 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
1264 Order for hearing petition for partition
921
Lands reserved and segregated from allotment 1194
928
Form for stipulation increasing oil royalty and extending term
935
SECTION PAGB 1295 Certified copies of the enrollment records of the commissioners to the Five Civilized Tribes evidence as to blood and age of t...
942
Affidavit as to age a declaration against interest and admis sible in evidenceParty competent to testify as to age
943
The law making the rolls final as to blood and age of an allotee is constitutional
944
Admissibility of rolls to show tribal blood of allotee
949
1298a The allotment certificate sufficient to make proof case when
950
Ownership defined M7 1300 What may be owned
957
Property classified
958
Real property
959
Estate in fee
960
Reversion defined
961
Limitations on estates
962
Contingent remainder on term of years
963

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Δημοφιλή αποσπάσματα

Σελίδα 100 - 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.
Σελίδα 492 - 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.
Σελίδα 406 - 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.
Σελίδα 50 - ... to or the subject of which is real or personal property in this state...
Σελίδα 424 - 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.
Σελίδα 353 - An agreement that by its terms is not to be performed within a year from the making thereof; 2.
Σελίδα 322 - 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...
Σελίδα 353 - 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.
Σελίδα 100 - Judgment may be given for or against one or more of several plaintiffs, and for or against one or more of several defendants...
Σελίδα 499 - ... the testator, such issue shall take the estate so given by the will, in the same manner...

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