Date: 10-01-2012

Case Style: Jeannie Kay Jsckson v. Jack D. Taber

Case Number: CV-2012-62

Judge: Paul K. Woodward

Court: District Court, Garfield County, Oklahoma

Plaintiff's Attorney: Kelli J. Schovanec

Defendant's Attorney: G. Kimberly Bailey

Description: COMES NOW the Plaintiff, JEANNIE KAY JACKSON, and for her cause of action against the Defendants, alleges and states:

1. Plaintiff is an individual person residing in the City of Arlington, Tarrant County, State of Texas, and owns fee simple title in and to the property described as follows:

Lots One (1) and (2), Block Twelve (12), Kennedy’s Second Addition to the City of Enid, Oklahoma, according to the recorded plat thereof. (hereinafter referred to as the “property”) 2. On or about July 19, 1989, JACK D. TABER and JUDY L. TABER, husband and wife, acquired the property by virtue of a Joint Tenancy Wai-ranty Deed filed July 20, 1989 at Book 1106, Page 224 of the records of the County Clerk of Garfield County, Oklahoma, a copy of which is attached hereto as Exhibit A.

3. On or about August 1, 1994, JACK D. TABER and JUDY L. TABER entered into a contract for deed with LARRY L. MCNEILL for the sale of the property by virtue of a Contract for Sale of Real Estate dated August 1, 1994 and recorded September 14, 1995 at Book 1300, Page 233 of the records of the County Clerk of Garfield County, Oklahoma, a copy of which is attached hereto as Exhibit B.

4. On or about May 27, 1999, Larry L. McNeill and Shelley McNeill conveyed the property to JUDY L. TABER and JACK D. TABER by virtue of a Quit Claim Deed dated May 27, 1999 and recorded May 27, 1999 at Book 1449, Page 716 of the records of the County Clerk of Garfield County, Oklahoma, a copy of which is attached hereto as Exhibit C.

5. On or about April 29, 2005, JUDY L. TABER conveyed the property to JACK L. MCNEILL by virtue of a Quit Claim Deed dated April 29, 2005, and recorded June 29, 2005 at Book 1760, Page 545 of the records of the County Clerk of Garfield County, Oklahoma, a copy of which is attached hereto as Exhibit D.

6. On or about February 10, 2005, JUDY L. TABER conveyed the property to JACK D. TABER by virtue of a quit claim deed dated February 10, 2005, and recorded July 5, 2005 in Book 1763, Page 458 of the records of the County Clerk of Garfield County, Oklahoma, a copy of which is attached hereto as Exhibit E.

7. On or about August 1, 2011, LARRY L. MCNEILL conveyed the property to DONNA MARIE MCNETLL JOHNSON by virtue of a Quit Claim Deed dated August 1, 2011,

and recorded August 2, 2011 at Book 2043, Page 699 of the records of the County Clerk of Garfield County, Oklahoma, a copy of which is attached hereto as Exhibit F.

8. On or about August 30, 201!, JACK D. TABER conveyed the property to LARRY L. MCNEILL by virtue of a Quit Claim Deed dated August 30, 2011, and recorded February 17, 2012 at Book 2073, Page 191 of the records of the County Clerk of Garfield County, Oklahoma, a copy of which is attached hereto as Exhibit G.

9. On or about March 7, 2012, DONNA MARIE JOHNSON AND CLIFFORD JOHNSON, husband and wife, conveyed the property to JEANNIE KAY JACKSON, a married person by virtue of a Quit Claim Deed dated March 7, 2012, and recorded March 8, 2012 at Book 2076, Page 602 of the records of the County Clerk of Garfield County, Oklahoma, a copy of which is attached hereto as Exhibit H.

10. On or about May 1, 2012 JEANNIE KAY JACKSON and LARRY JACKSON, husband and wife, conveyed the property to DONNA MARIE JOHNSON AND CLIFFORD JOHNSON, husband and wife, by virtue of a Quit Claim Deed dated May 1, 2012, and recorded May 4, 2012 at Book 2084, Page 1074 of the records of the County Clerk of Garfield County, Oklahoma, a copy of which is attached hereto as Exhibit I.

11. On or about May 4, 2012 DONNA MARIE JOHNSON AND CLIFFORD JOHNSON, husband and wife, conveyed the property to JEANNIE KAY JACKSON, a married woman, by virtue of a Quit Claim Deed dated May 4, 2012, and recorded May 7, 2012 at Book 2085, Page 18 of the records of the County Clerk of Garfield County, Oklahoma, a copy of which is attached hereto as Exhibit J.

12. LARRY L. MCNEILL died intestate without a Last Will and Testament on or about August 17, 2011, survived by two sons, namely LARRY MCNEILL and GARRY MCNEILL.

13. Plaintiff ifirther alleges that through due diligence she has ascertained what are believed to be the heirs of LARRY L. MCNEILL, and has above named those parties to this action and prays that the court make a judicial determination of the death and heirship of LARRY L. MCNEILL.

14. The STATE OF OKLAHOMA, EX REL OKLAHOMA TAX COMMISSION, is named as a Defendant herein solely to determine that there are no estate taxes owed upon the property by virtue of the death of any of the named Defendants. Any general allegations or language herein is limited accordingly.

15. The UNITED STATES OF AMERICA acting through the Internal Revenue Service, is not named as a Defendant herein, pursuant to the possible lien arising pursuant to 26 USC §2031 — 2044 and §6324(a). No lien has been filed by the United States of America of record in Garfield County, State of Oklahoma, and upon a determination that the named Defendants have no interest, the interests of the United States of America are necessarily extinguished absent a lien being filed.

16. Defendants may claim some right, title, lien, estate, encumbrance, claim, assessment or interest in and to said real property involved herein adverse to the Plaintiff, which claims constitute clouds upon the title of the Plaintiff and the Defendants hereinabove named have no right, title, lien, estate, encumbrance, claim, assessment or interest, either in law or in equity in and to the hereinabove described real property; that such cloud should be canceled and removed therefrom, and the title and possession thereto quieted and confirmed in the Plaintiff as against each and all of the Defendants hereinabove named.

WHEREFORE, premises considered, Plaintiff prays that the Court will make a judicial determination of the death and heirship of LARRY L. MCNEILL.

WHEREFORE, premises considered, Plaintiff prays that the Defendants, and each of them, be summoned into Court according to law and, upon a final hearing hereof, the Plaintiff be decreed to be the owner of the fee simple title to and in possession of the hereinabove described real property; that the Court further enter judgment determining the Defendants have no right, title, lien, estate, encumbrance, assessment, claim or interest therein, either in law or in equity, in and to the hereinabove described real property, canceling and removing the purported claims of said Defendants as clouds upon the Plaintiffs title thereto, and quieting and confirming the Plaintiffs title thereto as against said Defendants and each of them, and forever barring and enjoining them from ever asserting or claiming any right, title, lien, estate, encumbrance, claim, assessment or interest thereto, adverse to Plaintiffs title and possession thereto.

Outcome: This matter comes on for hearing this 11th day of September, 2012, upon the Petition of Plaintiffs herein, the Plaintiffs being represented by their attorneys of record, Blake A. Gibson and Kelli J. Schovanec of Elliott, Enabnit & Schovanec, P.L.L.C.

The Court finds that Defendant, State of Oklahoma, ex rel Oklahoma Tax Commission, has filed a Disclaimer herein on July 17, 2012, disclaiming having a lien for estate taxes upon the specific real estate involved in this action by virtue of the decedents named in the action.

The Court further finds that Defendant, Donna Marie McNeill Johnson, filed a Disclaimer of Interest herein on July 19, 2012, disclaiming any and all right, title or interest in and to the property involved herein.

The Court further finds that Defendant, Clifford Johnson, filed a Disclaimer of Interest herein on July 19, 2012, disclaiming any and all right, title or interest in and to the property involved herein.

The Court further finds that Defendant, Larry L. McNeill, filed a Disclaimer of Interest herein on July 19, 2012, disclaiming any and all right, title or interest in and to the property involved herein.

The Court further finds that Defendant, Garry McNeill, filed a Disclaimer of Interest herein on July 19, 2012, disclaiming any and all right, title or interest in and to the property involved herein.

The Court further finds that Defendant, Jack D. Taber, filed a Disclaimer of Interest herein on July 19, 2012, disclaiming any and all right, title or interest in and to the property involved herein.

The Court further finds that Defendant, Judy L. Taber, filed a Disclaimer of Interest herein on July 19, 2012, disclaiming any and all right, title or interest in and to the property involved herein.

With all premises considered and based on the evidence, this Court finds as follows:

1. Plaintiffs are individuals, and own all right, title and interest in and to the surface interest to the property described as follows:

Lots One (1) and Two (2), Block Twelve (12), Kennedy’s Second Addition to the City of Enid, Oklahoma, according to the recorded plat thereof (hereinafter referred to as the “property”).

2. On or about July 19, 1989, JACK D. TABER and JUDY L. TABER, husband and wife, acquired the property by virtue of a Joint Tenancy Warranty Deed filed July 20, 1989 at Book 1106, Page 224 of the records of the County Clerk of Garfield County, Oklahoma.

3. On or about August 1, 1994, JACK D. TABER and JUDY L. TABER entered into a contract for deed with LARRY L. MCNEILL for the sale of the property by virtue of a Contract for Sale of Real Estate dated August 1, 1994 and recorded September 14, 1995 at Book 1300, Page 233 of the records of the County Clerk of Garfield County, Oklahoma.

4. On or about May 27, 1999, Larry L. McNeill and Shelley McNeill conveyed the property to JUDY L. TABER and JACK D. TABER by virtue of a Quit Claim Deed dated May 27, 1999 and recorded May 27, 1999 at Book 1449, Page 716 of the records of the County Clerk of Garfield County, Oklahoma.

5. On or about April 29, 2005, JUDY L. TABER conveyed the property to JACK TABOR by virtue of a Quit Claim Deed dated April 29, 2005, and recorded June 29, 2005 at Book 1760, Page 545 of the records of the County Clerk of Garfield County, Oklahoma.

6. On or about February 10, 2005, JUDY L. TABER conveyed the property to JACK D. TABER by virtue of a quit claim deed dated February 10, 2005, and recorded July 5, 2005 in Book 1763, Page 458 of the records of the County Clerk of Garfield County, Oklahoma.

7. On or about August 1, 2011, LARRY L. MCNEILL conveyed the property to DONNA MARIE MCNEILL JOHNSON by virtue of a Quit Claim Deed dated August 1, 2011, and recorded August 2, 2011 at Book 2043, Page 699 of the records of the County Clerk of Garfield County, Oklahoma.

8. On or about August 30, 2011, JACK D. TABER conveyed the property to LARRY L. MCNEILL by virtue of a Quit Claim Deed dated August 30, 2011, and recorded February 17, 2012 at Book 2073, Page 191 of the records of the County Clerk of Garfield County, Oklahoma.

9. On or about March 7, 2012, DONNA MARIE JOHNSON AND CLIFFORD JOHNSON, husband and wife, conveyed the property to JEANNIE KAY JACKSON, a married person by virtue of a Quit Claim Deed dated March 7, 2012, and recorded March 8, 2012 at Book 2076, Page 602 of the records of the County Clerk of Garfield County, Oklahoma.

10. On or about May 1, 2012 JEANNIE KAY JACKSON and LARRY JACKSON, husband and wife, conveyed the property to DONNA MARIE JOHNSON AND CLIFFORD JOHNSON, husband and wife, by virtue of a Quit Claim Deed dated May 1, 2012, and recorded May 4, 2012 at Book 2084, Page 1074 of the records of the County Clerk of Garfield County, Oklahoma.

11. On or about May 4, 2012 DONNA MARIE JOHNSON AND CLIFFORD JOHNSON, husband and wife, conveyed the property to JEANNIE KAY JACKSON, a married woman, by virtue of a Quit Claim Deed dated May 4, 2012, and recorded May 7, 2012 at Book 2085, Page 18 of the records of the County Clerk of Garfield County, Oklahoma.

12. LARRY MCNEILL died intestate without a Last Will and Testament on or about August 17, 2011, survived by two sons, namely LARRY MCNEILL and GARRY MCNEILL. The sole and only heirs of LARRY MCNEILL are his sons, LARRY L. MCNEILL and GARRY MCNEILL.

The Court find and ORDERS, ADJUDGES AND DECREES that Plaintiffs are the owners of the fee simple title to and in possession of the surface interest hereinabove described in the real property; and Defendants have no right, title, lien, estate, encumbrance, assessment, claim or interest therein, either in law or in equity, in and to the mineral interest described hereinabove, and Plaintiffs title thereto is hereby quieted and confirmed in the Plaintiffs.

Plaintiff's Experts:

Defendant's Experts:

Comments: