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Date: 10-03-2012

Case Style: The Aubrey J. Moye and Cercia B. Moye Revocable Living Trust v. Debra L. Moye

Case Number: CJ-2012-2363

Judge: Barbara G. Swinton

Court: District Court, Oklahoma County, Oklahoma

Plaintiff's Attorney: Jay T. Silvernail

Defendant's Attorney:

Description: COMES NOW the Plaintiff, The Aubrey J. Moye and Cercia B. Moye Reocable Living
Trust and Cercia B. Moye, as Trustee (“Plaintiff”), by and through its attorney of record, Jay Tayar
Silvemail, and for its cause of action against Debra L. Moye and against Wallace Moye and against
the unknown successors of Maggie Young, deceased and against the unknown successors of Anthony
Moye, deceased (collectively, the “Defendants”). alleges and states as follows:

1. That Plaintiff is the sole owner of the legal and equitable title of the “Real Property”, as described on Exhibit “A” attached hereto and incorporated by relèrence herein, and is in actual possession of same.

2. That the subject matter of this action is real property located within the county of
Oklahoma, State of Oklahoma, venue is proper under 12 0.5. § 131 and this
Honorable Court has jurisdiction to hear and try this cause pursuant to Oklahoma
Title 120.5. § 1142.

3. In January, 1974 PlaintifItook possession of the Real Property under a claim ofright
or color of title in a frill, open. visible, hostile, actual, notorious, exclusive and continuous manner, for the statutory time period.

4. Said use has never been interrupted by any act of any alleged owner. The statutory prescriptive period for an adverse possession claim is 15 years. Hernandez v. Reed, 20100K CIV APP 65, 239 P.3d 186, 189; 12 O.S.2001 § 93(4). It is clear that the Plaintiff held the Real Pmperty for more than 15 years. See Resolution Trust Corp.
v. Grant, 1995 OK 68, ¶123, 901 P.2d 807, 817 (burden of proof regarding tolling under doctrine of adverse domination was placed on defendants to rebut presumption of control).

5. That the acts of dominion and possession performed by Plaintiff include payment of taxes on the property since 1974, leasing the property to a variety of tenants over the past Thirty-Eight (38) years, repairing and maintaining the property, buildings, structures and landscaping continuously over said period. In order to establish adverse possession the claimant tnust show that possession was hostile, under claim of right or color of title, actual, open, notorious, exclusive and continuous, for the statutory time . Shanks v. Collins, 1989 OK 115, 782 P.2d 1352. Siad acts, among others, were performed fully, openly, visibly, and by their nature are hostile, under a claim of right or color of title, actual, open, notorious, exclusive and continuous.

6. That the defendants, and each of them, claim, or may claim, an estate or an interest in and to the Real Property, which claims are adverse to Plaintiff, which claims are junior and inferior to the Plaintiffs, and which claims constitute a cloud upon Plaintiffs title to the Real Property and to its use and enjoyment thereof. Defendants, however, have no right, title, lien, estate, encumbrance, claim, assessment or interest either in law or in equity in the Real Property.

WHEREFORE, Plaintiff prays that it have judgment against Defendants, including Debra Moye and including Wallace Moye and including the heirs, executors, administrators, devisees, trustees and assigns of Maggie Young, deceased and including the heirs, executors, administrators, devisees, trustees and assigns of Anthony Moye, deceased and each of them. Plaintiff further prays for an Order decreeing that it is the owner of good and perfect title in and to the Real Property adjudging that the Defendants, and each of them, have no right, title, interest or estate in the Real Property, barring and enjoining them from setting up or asserting any right, title, interest or estate in the Real Property; and that title of the Plaintiff therein be quieted and confirmed, and for its costs and attorneys fees to the extent allowed by statute, and for such thrther relief to winch it may be entitled.

Outcome: 1. That Plaintiff is the sole owner of the legal and equitable title of the “Real Property’s, as described on Exhibit “A” attached to Plaintiff’s Petition, and incorporated by reference herein, and is in actual possession of same.

2. That the subject matter of this action is real property located within the county of Oklahoma, State of Oklahoma, venue is proper under 12 0.5. § 131 and this Honorable Court has jurisdiction to hear and try this cause pursuant to Oklahoma Title 12 O.S. § 1142.

3. That Maggie Young was a resident of Oklahoma county, Oklahoma, when she died testate on or about the day of January, 1974. A period of more than one (1) year has elapsed since the death of Maggie Young without there having been a decree by the district court of the county having jurisdiction to administer upon her estate wherein it was judicially determined who, by name, are or were the particular persons entitled to participate in the distribution of the Real Property under the laws of succession controlling descent and distribution of such Real Property in force at the time of Maggie Young’s death.

4. That Plaintiff is informed and believes that Maggie Young left surviving her no heirs at law who were entitled to take the Real Property under the law of the State of Oklahoma.

5. That in January, 1974 Plaintiff took possession of the Real Property in a full, open, visible, notorious, adverse, hostile, continuous, uninterrupted and exclusive manner.

6. Pursuant to OkIa. Stat. Tit. 84 § 257, the Plaintiff is entitled to have the name and individual identity of each and all persons who took or were entitled to take any portion of the Real Property and the proportion to which they were entitled to take under the laws of the State of Oklahoma judicially determined by this Court.

7. The defendants, and each of them, claim, or may claim, an estate or an interest in and to the Real Property, which claims are adverse to Plaintiff, which claims are junior and inferior to the Plaintiff’s, and which claims constitute a cloud upon Plaintiff’s title to the Real Property and to her use and enjoyment thereof. Defendants, however, have no right, title, lien, estate, encumbrance, claim, assessment or interest either in law or in equity in the Real Property.

THEREFORE, the Court orders that Plaintiff have judgment against each Defendant, including the heirs, executors, administrators, devisees, trustees and assigns of Maggie Young, deceased, judicially determining the name of each and all persons who were entitled to take an interest in the Real Property, and the proportion or part thereof which each took or were entitled to take under the law of succession, controlling descent and distribution of such land at the time of Maggie Young’s death. The Court further orders and decrees that Plaintiff is the owner of good and perfect title in and to the Real Property adjudging that the heirs, executors, administrators, devisees, trustees and assigns of Maggie Young, deceased, have no right, title, interest or estate in the Real Property, barring and enjoining them from setting up or asserting any right, title, interest or estate in the Real Property; 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; and that title of the Plaintiff is quieted and confirmed, and that Plaintiff have judgment for costs and attorneys fees to the extent allowed by statute, and for such further relief to which she may be entitled.

Plaintiff's Experts:

Defendant's Experts:

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