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Date: 04-01-2015

Case Style: Morris Jones v. Polly Neal

Case Number: CV-2015-10

Judge: J. Jeffrey Payton

Court: District Court, Adair County, Oklahoma

Plaintiff's Attorney: Ralph Keen

Defendant's Attorney: Not Appearance

Description: Stilwell, OK - Morris Jones and Martha Jones a/k/a Martha K. Jones a/k/a Martha Kaye Jones, husband and wife, sued Polly Neal, FB Cherokee Indian Roll No. 5930, the forgoing if living, and if deceased her unknown heirs, executors, administrators, devisees and assigns on a quiet title theory claiming:

1. That the Plaintiff, Morris Jones and Martha Jones a/k/a Martha K. Jones a/k/a Martha Kaye Jones, husband and wife, are the owners of the fee simple title to and are in actual possession of the following described real property, situated in Adair County, Oklahoma, to wit:
Tract 1:
The NE¼ SW¼ NW¼ of Section 25, Township 14 North, Range
26 East, Adair County, Oklahoma,
And
Tract 2:
The NW¼ of SE¼ of SE¼ of Section 26, Township 14 North,
Range 26 East, Adair County, Oklahoma.
2. Plaintiffs, Morris Jones and Martha Jones a/Ic/a Martha K. Jones a/k/a Martha Kaye Jones, husband and wife, acquired title to Tract 1 of the subject property by virtue of a quitclaim deed from Morris Jones and Martha K. Jones, husband and wife, and Herman Jones, a single person, dated the 10th day of June, 2014, and filed of record in the office of the Adair County Clerk on the aforementioned date, in Book 503 at Page 785.
3. Plaintiffs, Morris Jones and Martha Jones a/k/a Martha K. Jones alk/a Martha Kaye Jones, husband and wife, acquired title to Tract 2 of the subject property by virtue of quitclaim deed from the Voimie L. Jones and Shirley N. Jones Revocable Trust Dated August 29, 2003, dated the 12th day of April, 2006, in Book 413 at Page 361 of the land records of the Adair County Clerk.
4. Plaintiffs and their predecessors in title, all of whom have been in privity with each other, have been in Ml, open and exclusive, visible, notorious, adverse, hostile, and continuous possession of the subject property for more than fifteen (15) years under color of title and claim of right, claiming title thereto as against the whole world under deeds of conveyance and chain of title originating with the deed of patent issued to the Cherokee Tribe of Indians. Said possession has existed for more than 15 years and has ripened into perfect legal title by prescription and Plaintiffs are the owners of the above described real property as against all persons whomsoever, including all defendants herein.
5. Tract 1 of the subject property constitutes a part of the lands allotted by Cherokee Nation to Polly Neal, a Full-blood Cherokee Indian, Roll No. 5930. Tract 1 of the subject property was conveyed to her by Cherokee Nation as evidenced by a certificate of surplus allotment.
6. Tract 2 the subject property constitutes a portion of the lands allotted by Cherokee Nation to Hazel J. Bailey, a ‘/2 Blood Cherokee Indian, Roll No. 8858. Tract 2 of the subject property was conveyed to her by Cherokee Nation as evidenced by a certificate of surplus allotment.
6. Polly Neal, FB Cherokee Indian Roll No. 5930, the foregoing if living, and if deceased, her unimown heirs, executors, administrators, devisees and assigns; and Hazel J. Bailey, ‘/2 Blood Cherokee Indian Roll No. 8858, the foregoing if living, and if deceased, her unknown heirs, executors, administrators, devisees and assigns, and each of them claim some right, title, lien, estate, encumbrance, claims, assignment of interest in above described premises adverse to the plaintiffs which constitutes a cloud upon plaintiffs title and said defendants have no right, title, lien, estate, encumbrance, claim, assessment or interest either in law or in equity in the subject property.
WHEREFORE, premises considered, plaintiffs pray that they have judgment against the named defendants adjudging that said plaintiffs, Morris Jones and Martha Jones a/k/a Martha K. Jones a/k/a Martha Kaye Jones, husband and wife, as joint tenants and not as tenants in common, are the owners of the legal title in fee simple in and to the subject property, and are adjudged to be free and clear of all liens, claims, encumbrances; that the defendants have no right, title or interest therein, and that they be barred and enjoined from asserting any right, claim or interest therein; that the title of plaintiff therein be quieted and confirmed; for their cost of bring this action, including a reasonable attorney’s fee; and such other relief the Court deems just and equitable.

Docket
Date Code Description Count Party Amount
02-06-2015 TEXT

Civil Misc. Initial Filing.
1
02-06-2015 QUIET

QUIET TITLE

02-06-2015 DMFE

DISPUTE MEDIATION FEE
$ 2.00
02-06-2015 PFE1

PETITION

Document Available (#1028647503)
$ 85.00
02-06-2015 PFE7

LAW LIBRARY FEE
$ 6.00
02-06-2015 OCISR

Oklahoma Court Information System Revolving Fund
$ 25.00
02-06-2015 CCADMIN02

Court Clerk Administrative Fee on $2 Collections
$ 0.20
02-06-2015 OCJC

Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
02-06-2015 OCASA

Oklahoma Court Appointed Special Advocates
$ 5.00
02-06-2015 CCADMIN04

Court Clerk Administrative Fee on Collections
$ 0.50
02-06-2015 LTF

Lengthy Trial Fund
$ 10.00
02-06-2015 TEXT

CIVIL COVER SHEET

Document Available at Court Clerk's Office
JONES, MORRIS DEAN
02-06-2015 NO

NOTICE OF PENDENCY OF ACTION

Document Available (#1028647499)
JONES, MORRIS DEAN
02-06-2015 NOPUB

PUBLICATION NOTICE

Document Available (#1028647495)
JONES, MORRIS DEAN
02-06-2015 AFD

AFFIDAVIT FOR PUBLICATION SERVICE

Document Available (#1028647491)
JONES, MORRIS DEAN
02-06-2015 AFD

AFFIDAVIT AS TO MILITARY SERVICE

Document Available (#1028647487)
JONES, MORRIS DEAN
02-06-2015 TEXT

OCIS has automatically assigned Judge Payton, J. Jeffrey to this case.

02-06-2015 ACCOUNT

Receipt # 2015-86988 on 02/06/2015.
Payor:RALPH F KEEN II ATTORNEY AT LAW Total Amount Paid: $135.70.
Line Items:
CV-2015-10: $85.00 on AC01 Clerk Fees.
CV-2015-10: $6.00 on AC23 Law Library Fee.
CV-2015-10: $0.70 on AC31 Court Clerk Revolving Fund.
CV-2015-10: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CV-2015-10: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CV-2015-10: $2.00 on AC64 Dispute Mediation Fees.
CV-2015-10: $25.00 on AC79 OCIS Revolving Fund.
CV-2015-10: $10.00 on AC81 Lengthy Trial Fund.

02-12-2015 RET

RETURN OF THE NOTICE OF PENDENCY OF ACTION REFLECTING SERVICE ON THE AREA DIRECTOR FOR THE BIA ON 2/9/15

Document Available (#1028675315)
JONES, MORRIS DEAN
02-20-2015 LT

LETTER FROM CHEROKEE NATION RALPH KEEN II

Document Available (#1028676101)
NEAL, POLLY
03-02-2015 PP

PROOF OF PUBLICATION

Document Available (#1028838162)
JONES, MORRIS DEAN
04-01-2015 JEJ

JOURNAL ENTRY OF JUDGMENT

Document Available (#1029196388)
JONES, MORRIS DEAN

Outcome: JOURNAL ENTRY OF JUDGMENT FOR PLAINTIFFS

Plaintiff's Experts:

Defendant's Experts:

Comments:



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