Date: 06-23-2014

Case Style: Barbara Buck v. The Unknown Heirs, Executors, Administrators, Devisees and Assigns of Bertha Hogshooter

Case Number: CV-2014-34

Judge: L. Elizabeth Brown

Court: District Court, Adair County, Oklahoma

Plaintiff's Attorney: Ralph Keen

Defendant's Attorney: Not appearance.

Description: Barbara Buck sued The Unknown Heirs, Executors, Administrators, Devisees and Assigns of Bertha Hogshooter, deceased, and The Unknown Heirs, Executors, Administrators, Devisees and Assigns of William Hogshooter, deceased, sought to quite title in certain real property located in Adair County, Oklahoma.

The docket entries for this case are set forth below:

06-23-2014 TEXT 1 1043008 Jun 23 2014 1:27:36:247PM - $ 0.00
CIVIL MISC. INITIAL FILING.
06-23-2014 QUIET - 1043009 Jun 23 2014 1:27:36:267PM Realized $ 0.00
QUIET TITLE
06-23-2014 DMFE - 1043010 Jun 23 2014 1:27:36:287PM Realized $ 2.00
DISPUTE MEDIATION FEE($ 2.00)
06-23-2014 PFE1 - 1043011 Jun 23 2014 2:06:26:877PM Realized $ 85.00
PETITION TO QUIET TITLE($ 85.00)
Document Unavailable (#1025923258)
06-23-2014 PFE7 - 1043012 Jun 23 2014 1:27:36:287PM Realized $ 6.00
LAW LIBRARY FEE($ 6.00)
06-23-2014 OCISR - 1043013 Jun 23 2014 1:27:36:287PM Realized $ 25.00
OKLAHOMA COURT INFORMATION SYSTEM REVOLVING FUND($ 25.00)
06-23-2014 CCADMIN02 - 1043014 Jun 23 2014 1:27:36:287PM Realized $ 0.20
COURT CLERK ADMINISTRATIVE FEE ON $2 COLLECTIONS($ 0.20)
06-23-2014 OCJC - 1043015 Jun 23 2014 1:27:36:287PM Realized $ 2.00
OKLAHOMA COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND($ 2.00)
06-23-2014 OCASA - 1043016 Jun 23 2014 1:27:36:287PM Realized $ 5.00
OKLAHOMA COURT APPOINTED SPECIAL ADVOCATES($ 5.00)
06-23-2014 CCADMIN04 - 1043017 Jun 23 2014 1:27:36:287PM Realized $ 0.50
COURT CLERK ADMINISTRATIVE FEE ON COLLECTIONS($ 0.50)
06-23-2014 LTF - 1043018 Jun 23 2014 1:27:36:437PM Realized $ 10.00
LENGTHY TRIAL FUND($ 10.00)
06-23-2014 TEXT - 1043060 Jun 23 2014 2:06:08:547PM - $ 0.00
COVER SHEET
Document Unavailable (#1025923262)
06-23-2014 AFD - 1043061 Jun 23 2014 2:06:39:887PM - $ 0.00
AFFIDAVIT AS TO MILITARY SERVICE
Document Unavailable (#1025923254)
06-23-2014 AFD - 1043062 Jun 23 2014 2:07:11:177PM - $ 0.00
AFFIDAVIT FOR PUBLICATION SERVICE
Document Unavailable (#1025923250)
06-23-2014 NOPUB - 1043063 Jun 23 2014 2:07:32:297PM - $ 0.00
PUBLICATION NOTICE
Document Unavailable (#1025923246)
06-23-2014 ACCOUNT - 1043022 Jun 23 2014 1:33:44:927PM - $ 0.00
RECEIPT # 2014-81298 ON 06/23/2014.
PAYOR:RALPH F KEEN II ATTORNEY AT LAW TOTAL AMOUNT PAID: $135.70.
LINE ITEMS:
CV-2014-34: $85.00 ON AC01 CLERK FEES.
CV-2014-34: $6.00 ON AC23 LAW LIBRARY FEE.
CV-2014-34: $0.70 ON AC31 COURT CLERK REVOLVING FUND.
CV-2014-34: $5.00 ON AC58 OKLAHOMA COURT APPOINTED SPECIAL ADVOCATES.
CV-2014-34: $2.00 ON AC59 OKLAHOMA COUNCIL ON JUDICIAL COMPLAINTS REVOLVING FUND.
CV-2014-34: $2.00 ON AC64 DISPUTE MEDIATION FEES.
CV-2014-34: $25.00 ON AC79 OCIS REVOLVING FUND.
CV-2014-34: $10.00 ON AC81 LENGTHY TRIAL FUND.

Outcome: NOW on this 13th day of August, 2014, this cause comes before the Court, the Plaintiff appearing by and through her attorney, Ralph F Keen II the Defendants, the unknown heirs, executors, administrators, devisees and assigns of Bertha Hogshooter, deceased, and the unknown heirs, executors, administrators, devisees and assigns of William Hogshooter, deceased, appearing not, after being duly served by publication and not having filed a responsive pleading, are thus in default. The Court thereupon examined the pleadings, process and file in this case and, being fully advised in the premises, finds:
The Court finds that this cause is one in which service by publication is authorized by the Statutes of the State of Oklahoma; thereupon the Court examined the files and record in said cause, and finds that service by publication has been had therein upon said defendants, the unknown heirs, executors, administrators, devisees and assigns of Bertha Hogshooter, deceased, and the unknown heirs, executors, administrators, devisees and assigns of William Hogshooter, deceased; and the Court conducted ajudicial inquiry into the sufficiency of Plaintiff’s search to determine the names and whereabouts of the defendants who were served herein by publication, and based on the evidence adduced the Court finds that Plaintiff has exercised due diligence and has conducted a meaningful search of all reasonably available sources at hand. The Court approves the publication service given herein as meeting both statutory requirements and the minimum standards of state and federal due process. The answer date in said publication notice has expired and the aforesaid Defendants have failed to file an answer, or otherwise plead therein, and are thus in default, and are hereby adjudged to be in default, and therefore, the allegations of Plaintiff’s petition are taken as true and confessed against them.
The Court finds that Plaintiff is the owners in fee simple title to and is in actual possession of the following described real property situated in Adair County, Oklahoma, to wit:
Lots 16 and 17 in Block 12, Manley’s First Addition to Ballard, Adair County, Oklahoma,
and that her title thereto is valid, perfect and superior to any right or interest claimed by the defendants, and that the defendants have no right, title, and interest in and to the said premises.
The Court finds that the plaintiff acquired title by right of succession, payment of property taxes and improvements made to the property since her occupation. Plaintiff and her predecessors in title have been and are now in open, notorious, adverse, peaceable and quiet occupancy and possession of the above described premises and have so been continuously under
color of title and claim of right for a period of more than fifteen (15) years next preceding the filing of this petition.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the title and possession of said plaintiff in the said premises be and the same is hereby, forever settled and quieted in the plaintiff as set forth above as against all claims or demands by said defendants and those claiming, or to claim under them, or any of them.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that said defendants and those claiming through, by or under them, are perpetually enjoined and forbidden from claiming any right, title, interest or estate in and to the said premises, hostile or adverse to the possession and title of plaintiff herein; and that said defendants are hereby perpetually forbidden and enjoined from commencing any suit to disturb said plaintiff in her possession and title to said premises, from setting up any claim or interest adverse to the title of the plaintiff herein, and from disturbing plaintiff in her peaceful and quiet enjoyment of said described premises.

Plaintiff's Experts:

Defendant's Experts:

Comments: