[Download] "Burns v. Woodson" by Supreme Court of the State of Oklahoma # eBook PDF Kindle ePub Free

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eBook details

• Title: Burns v. Woodson
• Author : Supreme Court of the State of Oklahoma
• Release Date : January 13, 1961
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

1 The petition of plaintiff alleged that she was the owner and in possession of a part of Lot 8 in Block 108 in the City of Poteau and more particularly described by metes and bounds, free and clear of any right, title, interest or estate of said defendants; that she obtained title to said real property under the terms of a will of her mother, who died testate on August 5, 1939, and by the decree of the County Court of LeFlore County, Oklahoma. She alleged that the defendants, Earl M. Woodson and Joe K. Page, were claiming some interest in the property by reason of a deed from George Bird Noble, her father, to said defendants, dated January 17, 1958; that George Bird Noble was incompetent to execute the deed on said date for the reason that he was under the influence of narcotics and in a debilitated physical condition; that the deed from George Bird Noble was champertous and void for the reason that he had not been in possession of the real property and had not collected the rents, profits, or paid taxes thereon for more than a year prior to said date; that George Bird Noble had no interest in said described real property, but that on the 15th day of January, 1958, there was recorded a deed dated September 30, 1944, from Emma Jean Noble Goss, Plaintiffs former name, to George Bird Noble to Lot 4 in Block 64, Lots 8 and 9 and the South 30 feet of Lot 10 in Block 108 in the City of Poteau, Oklahoma; that the plaintiff had no knowledge of said deed and that plaintiff never signed the instrument as filled out and filed; that the instrument was obtained by fraud, deceit and misrepresentations on the part of George Bird Noble; that there was no consideration given for the deed from Emma Jean Noble Goss to George Bird Noble and that George Bird Noble had never made any claim whatever on the real property from the date of its purported execution; that George Bird Noble had recognized the ownership of said real property to be in plaintiff, and that the defendants, Earl M. Woodson and Joe K. Page knew or should have known that she was the owner of said described real property; that she has been in the open, notorious, adverse and hostile possession of said real property since 1949, claiming the same as her own against all persons whomsoever; that her title to said real property be quieted in her and that the deeds from Emma Jean Noble Goss to George Bird Noble and the deed from George Bird Noble to the defendants, Earl M. Woodson and Joe K. Page, be cancelled and for such other relief, both legal and equitable, to which she might be entitled.

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