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Date: 04-14-2015

Case Style: Ronald Fletcher v. Nancy Campbell

Case Number: CV-2015-19

Judge: J. Jeffrey Payton

Court: District Court, Adair County, Oklahoma

Plaintiff's Attorney: Joe Adair

Defendant's Attorney: No Appearance

Description: Stillwell, OK - Ronald Fletcher and Gwenlyn L. Fletcher, Trustees of the Roandl L. Fletcher and Gwenlyn L. Fletcher Revocable Trust dated June 23, 2008 sued Nancy Campbell, now Coon, Lucy Campbell and Jack Nofire, if livings, and their respective spouses, if any, if living, and in the alternative, their respective unknown successors, if deceased, etc. on a quiet title theories claiming:

Comes now the Plaintiffs and for their cause of action against the above-named Defendants, alleges and states:
1. That the Plaintiffs, RONALD L. FLETCHER and GWENLYN L. FLETCHER,
TRUSTEES OF THE RONALD L. FLETCHER and GWENLYN L. FLETCHER
REVOCABLE TRUST DATED JUNE 23, 2008, are the owners of the fee simple title in and
to and are in the peaceable and rightful possession of certain real property located in Adair
County, Oklahoma, said property being described as follows, to-wit:
SE NE SW less South 346.5 feet in Section 6, Township 15 North, Range 24
East1 Adair County, Oklahoma.
2. That the Plaintiffs acquired title to the above described property by virtue of a Warranty Deed executed on the 23 by Ronald L. Fletcher and Gwenlyn L. Fletcher, husband and wife, which was filed of record on the 23 day of June 2008 in Book 444 at Page 10 and by adverse possession.
3. That the Defendants set out above, reference being made to the caption hereof are claiming some right, title, lien, estate, encumbrance, claim, assessment or interest in or to the real property involved herein, adverse to the Plaintiffs, which constitutes a cloud upon the title of the said Plaintiffs; and said Defendants in truth and fact have no right, title, lien, estate, encumbrance, claim, assessment or interest, either in law or in equity, in and to the real property involved herein.
4. That the Plaintiffs herein, and those persons through which the Plaintiffs’ title and possession descend, have been in peaceable, continuous, open, notorious, adverse, conclusive, uninterrupted and hostile possession of the above described real property for a period of more than fifteen (15) years under claim of right, and therefore, by virtue of the laws of the State of Oklahoma and by adverse possession, the Plaintiffs acquired fee simple title to the above described property.
5. That POLLY NOFIRE, Fullblood Cherokee, Roll No. 1949, died intestate in the month of May 1912, and at the time of her death she was the owner of a portion of the above described real property situated in Adair County, Oklahoma, as more fully appears in the records of file in the office of the Adair County Clerk and the Adair County Court Clerk, said records being incorporated herein by reference as if set out herein verbatim; that the sole and only heir of said POLLY NOFIRE, Fullblood Cherokee, Roll No. 1949, deceased, and the proportion or part of said decedent’s interest in and to the above described tract which each took or was entitled to take are as follows:
NAME RELATIONSHIP SHARE
Lizzie Campbell Mother ALL
formerly Lizzie Nofire
6. That LIZZIE CAMPBELL formerly LIZZE NOFIRE, Fullblood Cherokee, Roll No.
1948, died intestate on the 5th day of March 1929, and at the time of her death she was the owner of a portion of the above described real property situated in Adair County, Oklahoma, as more fully appears in the records of file in the office of the Adair County Clerk and the Adair County Court Clerk, said records being incorporated herein by reference as if set out herein verbatim; that the sole and only heirs of said LIZZIE CAMPBELL formerly LIZZE NOFIRE, Fullblood Cherokee, Roll No. 1948, deceased, and the proportion or part of said decedent’s interest in and to the above described tract which each took or was entitled to take are as follows:
NAME RELATIONSHIP SHARE
Nancy Campbell, now Coon Daughter 1/3
Lucy Campbell Daughter 1/3
Jack Nofire Son 1/3
7. That a period of more than one year has elapsed since the deaths of POLLY NOFIRE, Fullblood Cherokee, Roll No. 1949, deceased, and of LIZZIE CAMPBELL formerly LIZZIE NOFIRE, Fullblood Cherokee, Roll No. 1948, without there having been a valid decree of the County Court or District Court having jurisdiction to administer upon the estates of said decedents determining who, by name, are or were all the particular persons entitled to participate in each of their estates under the laws succession of the State of Oklahoma; and that the Plaintiffs are entitled to a determination of the names of each and of all the persons who took or were entitled to take such real property and the proportion or part thereof which each took or was entitled to take immediately under the laws of succession of the State of Oklahoma.
8. That there may be persons other than those named herein as the known heirs of POLLY NOFIRE, Fuliblood Cherokee, Roll No. 1949, deceased, and of LIZZIE CAMPBELLformerIy LIZZIE NOFIRE, Fullblood Cherokee, Roll No. 1948, deceased, who are or claim to be said decedent’s heirs at law; but if such person or persons exist, Plaintiffs, upon diligent inquiry and by the exercise of all means within their power, have been unable to ascertain their names, whereabouts1 post office addresses or personal identity and therefore allege that the heirs at law of said decedent are as respectively set out above.
9. That the State of Oklahoma, ex rel. Oklahoma Tax Commission (State) is being named herein for the purpose of determining its lien for estate taxes against the named decedent(s) and for estate taxes against the following named defendants, NANCY CAMPBELL, now COON, LUCY CAMPBELL and JACK NOFIRE, who are being sued in the alternative, along with their respective unknown successors. The Findings and Orders of the Court herein as related to the State, should be limited to a determination as to the estate tax liens against the subject real property by virtue fo the death of the decedent(s). Tax warrant liens, if any, have not been identified and are not sought to be quieted.
WHEREFORE, Plaintiffs pray that the Defendants set out above, reference being made to the caption hereof, be required to set forth the nature of their claims to the above described real property, if any; that this Court decree that the Plaintiffs’ claim and title to said premises as above described is valid and perfect; that said Defendants have no right, title, lien, estate, encumbrance, claim, assessment or interest in and to the above described real property; that the title of the Plaintiffs be quieted in the above described real property; that said Defendants, and each of them, be perpetually barred and enjoined from setting up or asserting any right, title or interest in or to the above described real property adverse to the Plaintiffs; that the heirs of POLLY NOFIRE, Fullblood Cherokee, Roll No. 1949, deceased, and of LIZZIE CAMPBELLfcrmerly LIZZIE NOFIRE, Fullblood Cherokee, Roll No. 1948, deceased, be judicially determined; and such other relief as may be just and equitable.

Docket
Date Code Description Count Party Amount
02-23-2015 TEXT

Civil Misc. Initial Filing.
1
02-23-2015 QUIET

QUIET TITLE

02-23-2015 DMFE

DISPUTE MEDIATION FEE
$ 2.00
02-23-2015 PFE1

PETITION
$ 85.00
02-23-2015 PFE7

LAW LIBRARY FEE
$ 6.00
02-23-2015 OCISR

Oklahoma Court Information System Revolving Fund
$ 25.00
02-23-2015 CCADMIN02

Court Clerk Administrative Fee on $2 Collections
$ 0.20
02-23-2015 OCJC

Oklahoma Council on Judicial Complaints Revolving Fund
$ 2.00
02-23-2015 OCASA

Oklahoma Court Appointed Special Advocates
$ 5.00
02-23-2015 CCADMIN04

Court Clerk Administrative Fee on Collections
$ 0.50
02-23-2015 LTF

Lengthy Trial Fund
$ 10.00
02-23-2015 P

Petition TO QUIET TITLE AND DETERMINE HEIRS

Document Available (#1028676006)
FLETCHER, RONALD
02-23-2015 AFD

AFFIDAVIT FOR SERVICE BY PUBLICATION

Document Available (#1028676010)
FLETCHER, RONALD
02-23-2015 NO

SERVICE OF SUMMONS BY PUBLICATION NOTICE

Document Available (#1028676014)
FLETCHER, RONALD
02-23-2015 NO

NOTICE OF PENDENCY SUIT

Document Available (#1028676018)
FLETCHER, RONALD
02-23-2015 NO

NOTICE OF PENDENCY OF ACTION

Document Available (#1028676022)
FLETCHER, RONALD
02-23-2015 AFD

AFFIDAVIT IN LIEU OF MAILING

Document Available (#1028676026)
FLETCHER, RONALD
02-23-2015 TEXT

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

02-23-2015 ACCOUNT

Receipt # 2015-87456 on 02/23/2015.
Payor:JOE D ADAIR & ASSOCIATES, PC Total Amount Paid: $135.70.
Line Items:
CV-2015-19: $85.00 on AC01 Clerk Fees.
CV-2015-19: $6.00 on AC23 Law Library Fee.
CV-2015-19: $0.70 on AC31 Court Clerk Revolving Fund.
CV-2015-19: $5.00 on AC58 Oklahoma Court Appointed Special Advocates.
CV-2015-19: $2.00 on AC59 Oklahoma Council on Judicial Complaints Revolving Fund.
CV-2015-19: $2.00 on AC64 Dispute Mediation Fees.
CV-2015-19: $25.00 on AC79 OCIS Revolving Fund.
CV-2015-19: $10.00 on AC81 Lengthy Trial Fund.

02-25-2015 TEXT

CIVIL COVER SHEET

Document Available at Court Clerk's Office
FLETCHER, RONALD
03-06-2015 RET

RETURN OF NOTICE OF PENDENCY OF ACTION FROM AREA DIRECTOR OF THE FIVE CIVILIZED TRIBES OF INDIANS
DATE OF DELIVERY 2/25/ 2015

Document Available (#1028947483)
CAMPBELL, NANCY
03-12-2015 LT

LETTER FROM CHEROKEE NATION TO MR. ADAIR

Document Available (#1028991680)
CAMPBELL, NANCY
03-13-2015 DISCL

DISCLAIMER OF THE STATE OF OKLAHOMA, EX REL. OKLAHOMA TAX COMMISION

Document Available (#1028991050)
FLETCHER, RONALD
03-17-2015 AFD

AFFIDAVIT OF PUBLICATION THE STILWELL DEMOCRAT JOURNAL

Document Available (#1029074040)
CAMPBELL, NANCY
04-14-2015 JEJ

JOURNAL ENTRY OF JUDGMENT

Document Available (#1029283701)
CAMPBELL, NANCY

Outcome: Judgment in favor of Plaintiffs.

Plaintiff's Experts:

Defendant's Experts:

Comments:



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