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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: