Ownership of Land Before Studebaker
Ownership of Land Before Studebaker
Ownership of Land Before Studebaker
l
/-',
No. 14307
COMPILED BY THE
Grand - River Abstract and Title Co.
BONDED ABSTRACTORS
Jay, Oklahoma ..
) ..
Lot 7, Block 2 of East Addì tìon of Lakemont Shores & Bay Club,
a subdìvìsìon ìn Delaware County, ükiahoma, accordìng to the
latest recorded plat thereof (formerly Allyson Acres) .
* * ** ** **** ** ** ** * * ** ** * * * * ** **** ** * * ** ** * * ** ** * * * * * * ** * * ** * * * * ** **
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RENCES TO THA TIS AND LAWS REA 11 TO TH ALLOTM OF TI LANDS OF TH
CHOKE NA nON
ACT OF CONGRESS
Public No. 241
UNIED STATES STATUTE, 57th CONGRESS, PART L P.l\GE 716
Chap. 1375-An Act to provide for the allotment of the lands of the Cherokee Nation, for the disposition of townsites therein
and for other purposes. Approved July 1, 1902.
Sec. 57z5, (Sec. 15) of the Curtis Bil, reads in part as follows:
The person authorized by the tribe or tribes may execute or deliver to any such purchaser without expense to him, a deeà
conveyig to him, the title to such lands or town lots . . . . . . .
Chapter 1, Article 1, Section 4, of the laws oÎ the Cherokee Nation, read as ÎOllows:
The Principal Chief shall have control of the National Seal and in all cases, when necessary, may direct the proper applica-
tion, use and preservation of the .same.
ACT OF CONGRESS
Public No. 140
An Act for the Removal of Restrictions from part of tIie lands of Allottees of the Five Civilzed Tribes, and Îor other pur-
poses. Approved May 27, 1908.
ACT OF CONGRESS
UND STATES STATUTE 31. PAGE 221
An Act making appropriations for the current and contingent expenses of the Indian Departent and Ior fulfiling 'teaty
stipulations with various Indian Tribes for the fiscal year ending June 30, 1901, and Îor other purpses. Approved May 31, 1900,
.2\CT OF CONGRESS
Public No. 360
An Act to Extend the Period of Restriction in lands oI certan members of tlie Five Civilizd Trbes until April 26, 1955, and
for other purposes. Approved ¡.fay 10th, 1928.
iì~ï
v
(lrrttfitaIt nf í\gr au!! ¡lnub
-Oir-
SARAH C. GHORMLEY
We, the GRAND RIVER ABSTRACT AND TITLE CO., Bonded Abstracters, of Jay, Oklahoma, do hereby cer-
and approved by the Secretary of the Interior, on or prior to March 4th, 1907, we find as follows, to-wit:
Roll No.
14122
and :is a Cherokee
By Euqene S. Jones
Presìdent
t~i.
-'
INS TRUMENT : ALLOTMENT DEED
DESCRIPTION
(Othe r lanò) and
W~ SW~:
Section 12, Township 23 North~ Range 22 East.
¡;
./
INSTRUMENT: TJI.X DEED
DESCRIPTION
(Othe r land) and
Wl SWt: Section 12, Township 23 N., Rge. 22 E.,
( SEAL) J. Gro ve r Scales,
County Treasure r
STATE OF OKLAHOMA
DELAWARE COUNTy...... ss
Before me, Claude Thompson, County Clerk in and for said County and
State on this 8th day of February, 1918, personally appeared J. Grover
Scales as the County Treasurer to me known to be the identical person who
executed the within and fore going instrument, and acknowledged to me that
he executed the same as his free and voluntary act and deed for the uses
and purposes therein set forth, and I do hereby so certify.
Wi tness my hand and official seal the day and year above set forth.
6
IN THE DISTRICT COURT OF DELAWARE COUNTY, STATE OF OKLAHOMA.
Jennie L. Wright,
Plaintiff,
-vs- No. 1290
Sarah C . Ghormley,
Defendant.
J.. '.. PETITION
Comes now the plaintìff and for cause of action against said defendant
alleges:
1. That plaintiff has the legal estate in fee simple and the equit-
able title in and to the following described land, situated in Delaware
County, State of Oklahoma, to-wit:
5 . That the said c 1aim of said defendant is s tale and barred by the
provisions of the Statute of Limitations contained in Section 7419, Re-
vised Laws of Oklahoma, 1910 that any right, title or inte rest which said
defendant may have had in said land is cut off and extinguished by the
subsequent, superior and paramount title of this plaintiff;
STATE OF OKLAHOMA
DELAWARE COUNTy.... S8
I. 1i. Ingram.
Notary Public.
poJ
SUMI'10NS
STATE OF OKLAHOMA,
DELAWARE COUNTy..... s s IN DISTRICT COURT.
Jennie L. Wright,
Plaintiff
vs. No. 1290
Sarah C. Ghorm11y,
..
Defendant.
THE STATE OF OKLAHOr'i, TO THE SHERIFF OF DELAvJARE COUNTY, GREETING:
You are hereby commanded to notify Sarah C. Ghormley that she has
been sued by Jennie L. Wright, for the purpose of quieting her title to
the
(other land) and
wl SWt: Sec. 12 J Twp. 23 N.) Rge. 22 E.)
in the District Court of Delaware County, Oklahoma, and that they must
answer the petition of said Jennie L. Wright filed against her in said
court in the City of Jay, in said County, on or before the iOth day of
March, 1922, or said peti tion will be taken as true and judgment rendered
accordingly.
You will make return of this summons on or before the 18th day of
February J 1922.
February, 1922.
Issued Feb. 14, 1922; Returnable Feb. 18, 1922. Ans. Due March 10, 1922.
Received this writ Feb. 14, 1922. The following persons, defendants
within named not found in said county: Sarah C. Ghormley.
Jennie L. Wright,
Plainti ff
vs. No. 1290
Sarah C. Ghormley)
De fendants .
'"
) ,..
AFFIDAVIT
and that said plaintiff wishes to obtain service upon said defendant,
Sar~h C. Ghormley, by publication, of she be living, or upon her unknown
heiI's, executors, administrators, devisees, and assigns, if she be dead,
and further affiant saì th not.
I. W. Ingram
10
PUBLISHER i S CERTIFICATE
STA TE OF OI-:AHO:v. )
COUNiY OF DELAHAFE) s s
State, ..
O~ this 11th day of March, A. D. 1922, personally appeared before
me the undersigned, a Notary Public, within and for said County and
H.J M. BU'I'LER
H. M. Butler,
Publisher
Subscribed and sworn to before me this 11th day of March, 1922,
PUDLISHER i S FEE: $ 7 . 50 .
1 1
-'-'
NOTICE BY PUBLICATION
IN THE DISTRICT COURT OF DELAWARE COUNTY, STATE OF OKLAHOMA
Jennie L. Wright,
Plaintiff,
vs. No. 1290
Sarah C . Ghormley,
De fendants .
J,.. '..
Take notice that you have been sued in the above named court by
the above plaintiff for the purpose of quieting her title to the follow-
ing described lands, situated in Delaware County, State of Oklahoma,
to-wit:
(Othe r land) and
wl swt: Section 12, Township 23 North, Range 22 East;
and that you must answer the petition filed herein by said plaintiff, on
or before the 6th day of April, 1922, or said petition will be taken as
true, a nd a judgment for said plaintiff 2 quieting he r title to said land,
will be rendered accordingly.
A. C. Brewster,
Judge.
12
IN THE DISTRICT COURT OF DELAWARE COUNTY, STATE OF OKLAHO~4
Jennis L. Wright,
Plaintiff,
-vs- No. 1290
Sarah C . Ghormley,
De fendant.
Nov-:, on this 2nd day of May, 1922, the same being a regular judicial
day of the regular April, 1922, term of this court, this cause comes on to
be heard on the petition of plaintiff and testimony introduced in open
court in support of the allegations thereof, and comes the plaintiff by
her attorneys, Marshall and Ingram and the defendants being three times
solemnly called in open court, to appear, plead, answer, except or demur
to Plaintiffs petition, come s not and fails to plead, answer, except or
demur to said petition, and wholly makes default and is held and adjudged
to be in default, and all the allegations of plaintiff! s petition and
exhibits thereto are taken as true and confessed.
And, the Court having examined the records and files in the case, and
having heard and considered the proof offered by plaintiff and it appear-
ing to the Court that wi th due diligence said defendants could not be
pe rsonally se rved wi th summons wi thin this s ta te, and that with due dili-
gence the residence or whereabouts of said defendant could not be ascer-
tained, and it appearing that said defendant has been duly and seasonably
served with legal notice of the pendency of this ~i t for more than 20 days
prior to the hearing of this cause by a legal notice thereof duly published
in the Grove Sun in its issues of Feb. 23, March 2, and March 9, 1922,
proof of publication thereof being filed herein and examined and approved
by the Court, and the Court being well advised as to the law and the facts,
finàs:
That the plaintiff, Jennie L. Wright has the legal estate in fee simple
and the equitable title in and to the following describèd real property
and premises, situated in Delaware County, State of Oklahoma, to-wit:
and that plaintiff1s title to said land is subsequent, superìor and para-
mount to, and operates to extìnguish any right, title or interest hereto-
fore or now claimed by saià defendant in ar;d to said defendant in and to
said land, and that said lanà is vacant and unimproved and not in the
actual posseSSion of anyone, but is in the constructive possession of
the plaintiff and has been in such _possession at all times since the 8th.
1 ~
.J .J
Journal Entry... page 2
day of Feb., 1918; the Court furthe r finds that all the allegations
c'ont.sined in plaintiff i s peti tion and the exhibits thereto are true and
that plaintiff is entitled to the' relief prayed for in her petition.
A. C. B re w s t e r,
District Judge.
STATE. OF OKLAHOIvlA
DELAWARE COUNTy..... ss
I, Lewis Lunday, Clerk of the District Court in and for the County
and State aforesaid, do hereby certify that the instrument hereto attached
is a full, true and correct copy of Journal Entry Case #1290 as the same
now appears of record in this office.
Wi tness my hand and the seal of said Court at Jay, Oklahoma on this
9th day of May, 1922.
14
WARRANTY DEED.
together with all the improvements thereon and the appurtenances thereunto
belonging, and warranty the ti tle to the same.
TO HAVE AND TO HOLD said described premises unto the said party of
the second part his heirs and assigns forever, free, clear and discharged
of and from all former grants, charges, taxes, judgments, mortgages and
other liens and incumbrances of whatsoever nature.
Jennie L. Wrìght
STATE OF MISSOURI
COUNTY OF JACKSON... ss
Before me -' the und-ersigned, a Notary Public in and for said County
and State on the 5th. day of May, 1927, personally appeared Jennie L.
Wright, a spinster, to me known to be the identical person who executed
the within and foregoing ìnstrument and acknowledged to me that she exe-
cuted the same as her free and voluntary act and deed for the uses and
purposes therein set forth.
Wìtness my hand and official seal the day and date last above written.
FILED: June 2, 1927 at 10:30 olclock A. M., recorded in Book 100, pages
249-256, both inc 1 us i ve .
15
LAST WILL AND TESTAMENT OF B. ?-, RALPH
B. B. RALPH
The foregoing instrument J consisting of three pages: was signed
by the testator, B, B. Ralph, in our presence, and at .' his request
and in his presence and in the presence of each other we have here-,-
unto subscribed our names as witnesses the day and year last above
mentioned.
i.: .¿
Will--page 3.
CORRINE MERRILL
MARY R. MlJRRAY
ELMER SEABOLT
I~ HORACE MOORE~ Court Clerk~ in and for Sequoyah County, State
of Oklahoma, do hereby certify that the above and foregoing is a
true~ correct, and complete copy of the original will now on file in.
my office at Sallisaw, Oklahoma.
GEORGE A. RAPH
CLEM T. KELEHER
~8
_ii
Will--page 4.
Subscribed and sworn to before me this 24th day of June j 1933.
JOHN M. TARRY,
Notary Public for
Jackson County j State of
Missouri
My commission expires
March 7, 1935. (SEAL)
1°
-~.~
GENERAL POvffR OF ATTOm~EY
NOH, THEREFORE., vie J the unde rsigned, Martha Bourdon) Sarah Louise
Sprague and Elizabeth Duncan, have made and do hereby make, constitute
and appoint and by these presents do make, constì tute and appoint J
our said brother, George A. Ralph, our true an(1 lawful attorney in-fact
for us, and for each of us, and in our name ~ and all things that we,
ourselves, could do, either personally, jointl; or severally, or to-
gether wi th the said George A. Ralph, in making sale of any and all
real and personal property, so devised to us and to the said George
A. Ralph, as the r2siôuary legatees and devisees of the said B. B.
Ralph, deceased, under his said last will and Testatment, and we here-
by expressly give and vest in the said 'George A. Ralph full power and
authori ty in our names, place and stead, and for and in our behalf,
to make, executG, ackl0wledge and ~e:iver any and all deeds of convey-
ance that the said George A. Ralph may deem proper and necessary to
make sale and conveyance 'of any and all of the property, real, per-
sonal or mixed, and w~eresoever situated in the State of Oklahoma,
at such price s and upon sue h te rms as the said George A. Ralph may
deem proper, full pOKer and authority being vested in the said George
A. Ralph, to use hi~ own judgment and discretion in such matters; and
full povver and author~,-ty is hereby vested in the said George A. Ralph
20
?ú;ver of i\ttorney--page 2.
3efore. ::';, Grace I'lL Spears, a i';otary Public, in and for said
County and .':,t::.te ~ on this 17th day of January, 193 4, personally
appeared Elizabeth Dunccm, to me L~ov'Y to be the identical person who
executed the within and foregoing instrument, and acknowledged to me
that she executed the same as her free and voluntary act and deed
for the uses and purposes therein set forth.
2-1
Power of Attorney--page3.
STATE OF ~rrNNESOTA
SS
COUNTY OF HENNEPIN j
caUNTt OF COOS. 1 ss
Before me, Beryl Noah: a Notary Public, in and for said County
and State J on this 22 day of January, 1934: personally appeared
Sarah Louise Sprague, to me known to be the identical pe rson who
executed the wi thin and foregoing ins trument, and acknowledged to
me that she executed the same as her free and voluntary act and deed
for the uses and purposes therein set forth.
IN HITNESS WHEREOF, I have hereunto set my official signature
and affixed my notarial seal the day and year last above written.
??
r. ¡.¿
IN THE COU1\iTY COURT OF SEQUOYAH COUNTY, STATE OF OKLAHOl.1A
23
"'-- !
Final Decrce--page 2.
24
IN THE COUNTY COURT OF SEQUOYAH COUNTY, STATE OF OKLAHOMA
),J
FINP~ DECREE.
This matter coming on for hearing this 8th day of July, 1937,
pursuant to an orde:r of this court issued on the 17th day of June,
1937, and it appearing to the court that due notice of settlement
of final account of George A. Ralph, Executor of the estate of B. B.
Ralph, deceased, has been given as required in said order and accor-
ding to law, the court proceeded to examine the account of the said
George A. Ralph and the vouchers produced by George A. Ralph, Ex-
ecutor and further examining the said George A. Ralph under oath, and
it appearing to the court that said George A. Ralph has well and
truly accounted for every part of said estate and that no profit
has been made by him through any inc~2ase of said estate and there
being no objection and the court being fully advised, it is therefore
ordered, adjudged and decreed by the court that the accounting of
the said George A. Ralph be and the same is hereby approved up to
and including the 8th day of July, 1937.
It further appears that all Federal inheri tanco taxes have been
pai d .
It further appearing to the court tha~ due no~ice of application
for this decree in said matter assigning the estate to the persons
anti tIed thereto by law, and in acco~dance with the terms of the
last will and testament of the said B. B. Ralph~ deceased has like-
wise been duly gi ven and served pursuant to law, in such case made
and now provided. and it further appearing to the court that said
deceased died testate, and that the residue of the estate in Okla-
hori.a, consists of the following real and personal estate to-vJi t:
25
Final Decroe--page 2.
CASH $9,894.26
REAL PROPERTY
(Land in other Counties of Oklahoma and)
Lands in D:lm.¡are County, Oklahoma (Sub-divisions omitted)
ROYl~LTY DTTEm;:tTS IN OKLAHOMA
..
Land not herein abstracted--Abstracttr.
The Court further finds that the last will and tostament of
said decedent as admitted to probate is in words and figures as
follows:
76932
LAST WILL AND TESTA~ffNT OF B. B. RALPH
26
Final Dccrec--page 3.
27
Fin~l Decree--page 4.
wi thout bond. ..
and Clem T. K21eher, of Rich Hill J Missouri, executors of this) my
last will and testament) and request tl~¿:Lt they bç/-pcrmitted to serve
28
Final Decrcc--page 5.
and more than twenty-one years of age J and that they; the said de-
ponents, attested the said will as "iJitnesses thereto, at the request
of said testator by subscribed their names to the same in the pres-
ence of said testator and in the presence of. each other.
CORRINE MERlULL
M.ARY R. MURRAY l"
ELMER SEABOLT
Sworn to and subscribed Defore me, in open court, the day 2nd
year first above written.
IN WITNESS \lHEHEOF, I have hereunto set my hand ::md affixed the
. seal of said Court J at office in Kansas City, this ioth day of Jan-
uary, A. D. 1933.
( SEAL) CHARLS M. LOVE, Clerk
STATE OF MISSOURI
COü1I1TY OF JACKSON. ~ SS.
""9
'"
Final Decrcc--page 6.
the seal of said court, at office in Kansas City, Mo., this 11th
day of July, A. D., 1938.
(SEAL) EDWARD J. McGOVERN, Clerk
JUDGE i S CERTIFICATE
STATE OF MISSOURI \
jJ ,..
COUNTY OF J !iCKSON ) SS.
I, Mitchell J. Henderson, sole Judge J of the Probate Court of
Jackson County, State of Missouri, do hereby certify that the above
named Edward J. McGovern, by whom the foregoing attestation was made
was at the time of so making the same, and is now the Clerk of said
Court, to all whose acts as such, full faith and credit should be
given as well in courts of this Jurisdiction as elsev'lhere that the
seal thereto annexed is the seal of said Probate Court, which
said attestation so made by him is in due form of law, and that he
was entitled to do so.
And it further appearing that the aforesaid par~ies are the only
heirs of said B. B. Ralph~ deceased and from evidence introduced that
the possi bili ty of a pretermitted child or children does not exist and
30
,,- i
Final Decree--page 7.
The Court further finds that all the specific bequests in said
Will have been satisfied.
To have and to hold the same together with all and singular the
hereditaments and appurtenances thereunto appertaining) to the above
named persons, their heirs and assigns, forever.
tj"'
") "":l
CERTIFICATE OF STATE TAX CQl:TI\lISSION
STATE OF OKLAHOMA.
STATE OF OKLAHOMA
C01nJTY OF OKLAHOMJI.. l ss
This is to certify that on the 25th day of January, 1937, in
the matter of the estate of B. B. Ralph~ decensed~ Probate No. 2417~
Sequoyah County~ Oklahoma, all inheritance) Gstat9 and transfer taxes
we re paid to the State of Oklahoma in the sum of S 1 J 018.62 as shown
by the records of the Oklahoma Tax Commission~ Account No. 5344)
Receipt No. 462-D.
Witness the hand and the seal of this office on this 29th day
of December) A. D. 1938.
C. C. Brown, Commissioner
ATTEST:
J. J. oge
R Srs,t e(sv ~ T.Lru
ere ary \¡
APPROVED:
Na1 ter Harris J Acting Director Est.ite &; Inheritance Tax Division.
32
Form 792
Revised November 1933.
=11478.
TREASURY DEPARTMENT
Ir1t8rnal R2vcriU2
CERTI?ICATL RELEASING ESTATE TAX LIEN.
40. 03L~ .8LL 2,C res of land in Sequoyah County, Oklahoma J as re turned
for Federal Estate Tax.
D. S. Bliss
Deputy Commissioner
r. ..
"'..u
.. -'
OKLAHOt~ TAX COMMISSION
STATE OF OKLAHOMA
STATE OF OKLAHOlfiA
, . ss
COUNTY OF OKLAHON~
Re: Martha Bourdon
Sequoyah County-Probate 2534
has been maàe upon the estate of Martha Bouràon, deceased, who died
APPROVED:
E, B. Cook
Director Estate & Inhe ri tance
Tax Division
FILED: September 30, 1965 at 10: 10 A. M. J recordeà in Book 249, page 252.
c.. /;i
tjLl
IN THE COæ~TY COURT IN AND FOR THE COUNTY OF SEQUOYAH, STATE
OF OKLAHOI\1A
':;1.
't--u
Final Decree... page 2
It further appearing to the court that due return has been made
to the Oklahoma Tax Commission and that the Inheritance tax assessed
by said commission has been duly paid.
TO HAVE AND TO HOLD the same, together with all and singular the here-
ditaments and appurtenances thereunto belonging unto the above named
persons their heirs and assigns forever.
( SEAL) J. T. Brockrnan"
County Judge
Filed: Oct. 19~1960 a~ 10: 20 A.M. Recorded in Book 225 at pages 675-676
t."'6
STATE OF OKLAHOI~,
COUNTY OF SEQUOYAH... SS IN THE CotmTY COURT
This matter coming on for hearing this 8th day of July, 1937
pursuant to an order of this court issued on the 17th day of June,
1937, and it appearing to the court that due notice of settlement
of final account of George A. Ralph, Executor of the estate of B. B.
Ralph, deceased, has been given as requir ed in said order and ac-
cording to law, the court proceeded to examine the account of the
said George A. Ralph and the vouchers produced by George A. Ralph
executor, and further examining the said George A. Ralph under oath,
and it appearing to the court that said George A. Ralph has well and
truly accounted for every part of said estate and that no profit has
been made by him through any increase of said estate and there being
no objection and the court that the accounting of the said George A.
Ralph be and the same is hereby approved up to and including the 8th
day of July, 1937.
REAL PROPERTY
(Other lands) and
Lands in Delaware CountYJ Oklahoma (Sub-divisions omitted)
The Court further finds that the income or rayal ties from certain
oil and gas leases owned by the testator in Seminole County, Oklahorr,
on lands from which oil and gas was being produced at the time of
the death of the testator, January 5, 1933, were divided and bequeath
by said testator to Lillian H. Baker, as trustee of her son, Charles
William Baker.
The Court further finds that the last Will and Testament of said
decedent as admitted to probate is in the words and figures as follows:
And it further appearing that the aforesaid parties are the only
heirs of said B. B. Ralph, deceased and from evidence introduced that
the possibility of a pretermitted child or children does not exist and
it further appears to the Court that it would not be the best interest
1_
-:.8'.
Final Decree.... page 3
To have and to hold the same together with all and singular the
hereditaments and appurtenances thereunto belonging, to the above
named persons their heirs and assigns forever.
Filed: Oct. 19, 1960 at 10:30 A.M. Recorded in Book 225 pages 677-678
,r, ""
s ." ;:
INSTRU1IfNT: ;:UITCLftIN DEED
Elizabeth Duncan
Ethe 1 J. Bourdon
William R. Bourdon
George R. Bourdon
Henry C. Bourdon
Jeanette Cox
STATE OF MISSOURI Hazel B. Walter
COUNTY OF JACKSON.. .ss
Before me, Elizabeth B. Barns, the unde rsigned Notary Public in and
for said County and State, on the 29th day of March, 1939, personally
appeared Elizabeth Duncan, to me known to be the identical person who
executed the within and foregoing instrument, and acknowledged to me that
she executed the same as he r free and voluntary act and deed, for the
uses and purpo~es there in set forth.
Wi tness my hand and official seal the date above written,
40
Deed.. .page 2
My commission expires: C. F. Bo hn ,
July 18, 1945. (SEAL) Notary Public.
STATE OF MINNESOTA
COUNTY OF CASS...... .ss
Before me, E. R. Starkweather, the undersigned Notary Public ìn and
for said County and State, on the 10 day of April, 1939, personally appear-
ed Henry C. Bourdon, to me known to be the identical person who executed
the wi thin and foregcing instrument, and acknowledged to me that he exe-
cuted the same as his free and vo luntary act and deed, for the uses and
purposes therein set forth.
Wi tness my hand and official seal the date above written.
STATE OF TENÑ~SSEE
COUNTY OF WASHINGTON. . . s s
Before me, L. J. Ross, the undersigned Notary Public in and for
said County and State, on the 14th day of April, 1939, personally appear-
ed Jeanette Cox, to me known to be the identical person who executed the
within and foregoing instrument, and acknowledged to me that she executed
STATE OF MINNESOTA
COUNTY OF HENNEPIN... s s
Before me, C. F. Bohn, the undersigned Notary Public ìn and for said
County and State, on the 20th day of March, 1939, personally appeared
Hazel B. Walter, to me known to be the identical person who executed the
within and foregoing instrument, and acknowledged to me that she executed
the same as her free and voluntary act and deed, for the uses and purposes
therein set forth.
Witness my hand and official seal the date above written.
42
INSTRUMENT: QUITCLAIM DEED
DESCRIPTION
(Othe r land) and
W~ SWt: Section 12, Township 23 North, Range 22 East.
The same being all of this grantor's interest in all the land described
in a certain deed from Elizabeth Duncan, Ethel J. Bourdon, William R.
Bourdon, George R. Bourdon, Henry C. Bourdon, Jeanette Cox and Hazel B.
Walter to George A. Ralph and Sarah Louise Sprague to this grantor dated
April 14th, 1939.
Sarah Louise Sprague
STA TE OF OREGON
COUNTY OF COOS.... ss
Before me, the undersigned, a Notary Public, in and for said County
and State, on this tenth day of July, 1939, personally appeared Sarah
Louise Sprague, to me known to be the identical pe rson who executed the
within and foregoing instrument, and acknowledged to me that she executed
the same as her free and voluntary act and deed for the uses and purposes
therein set forth.
In Witness Whe reof, I have he reunto set my official signature and
affixed my notarial seal the day and year last above written,
43
INSTRUMENT: QUITCLAIM DEED
FILED: October!,
l. 1 39'89 a-r
Lii:: A j. in
'.. .J.~'j.
RECORDED IN: Book 135,. pages 198-199.
CONSIDERATION: $10.00
GRANTING CLAUSE: Grant, bargain, sell, convey and quitclaim.
STATE OF FLORIDA,
COUNTY OF POLK..... ss
Before me, Henry J. Lewis, Notary Public in and for State of Florida
at large on this 20th day of September, 1939, personally appeared George
A. Ralph and Carolyn V. Ralph, his wife to me known to be the identical
persons who executed the within and foregoing instrument, and acknowleàged
to me that they executed the same as their free and voluntary act and deed
for the uses and purposes therein set forth.
Wi tness my hand and official seal the day and date above written.
44
INSTRUMNT: WARRANTY DEED
EXCEPTIONS: None
REVEN1Æ : None
DESCRIPTION
All that part of the wl SW~ of Section 12, Township 23 North, Range
22 East of the I.B.M. particularly described as follows, to-wit:
Beginning at a point in the North boundary of said w~ SW~ and 619.0
ft. E. of the NW corne r thereof; thence S. 88° 57' E. along said N.
boundary a distance of 326.2 feet to a point 366.5 ft. W. of the
NE corner thereof; thence S. 19° 20' W. 186.8 ft., thence S. 11°
45 ¡ W. 532.7 ft.; thence S. 37° 351 W. 284.7 ft.) thence S. 43° 00 i
w. 393.9 ft., thence S. 49° 111 w. 226.7 ft.; thence N. 86° 11' w.
138.5 ft., thence N. 30° 581 E. 417.7 ft., thence N. 29° 02' E.
137 .8 ft.; thence N. 38° 39 ¡ E. 306.3 ft., thence N. 13° 40 i E.
393,6 ft.) thence N. 11° 00 IE. 152.0 ft., thence N. 0° 55 IE.
106.4 ft. to the point of beginning, containing 8.9 acres, more
or less.
Richard R. Feller
Marean Beatrice Feller
45
Deed.. .page 2
Before me, the undersigned, a Notary Public wi thin and for said
County and State on this 25th day of January, 1940, pe rsonally appeared
Richard R. Feller and Marean Beatrice Feller, husband and wife, to me
known to be the identical persons who executed the within and f~~egoing
instrument and acknowledged to me that they executed the same as their
free and voluntary act and deed for the uses and purposes therein set
fo rth .
Witness my hand and official seal the day and year last above written.
46
INS'I'RUf/IENT: QUITCLAIM DEED
CONSIDERATION: $ 10.00
EXCEPTIONS: None
REVENU: None
DESCRIPTION
(Othe r land) and
W~ SWt: Section 12, Township 23 North, Range 22 East.
Richard R. Fe lle r
Marean Beatrice Feller
47
INSTRUMNT': QUITCLAIM DEED
EXCEPTIONS: None
REVENU: None
DESCRIPTION
(Other land) and
wl swt: Section 12, Township 23 North, Range 22 East.
Norman B. Blake
Kathleen E. Blake
STATE OF MINNESOTA
COUNTY OF HENNEPIN,. .ss
Before me, the unde rsigned, a Notary Public in and for said county
and state on thìs 18th day of December, 1940, personally appeared Norman
B. Blake and Kathleen E. Blake, husband and wife to me known to be the
identical persons, who executed the within and foregoing instrument, and
acknowledged to me that they executed the same as their free and voluntary
act and deed for the uses and purposes therein set forth.
Witness my hand and seal the day last above written.
48
FLOWAGE EASEMENT
This Inden ture, :iade and entered into this 9th day of June, 1941,
by and bet~een ETHEL J. BOURDON, a single ~oman, party of the first part,
and GRAND RIVER DAr'Î J;.UTHORITY, a public corporation, party of the second
part.
WITNESSETH, that the party of the first part, in consideration of the
sum of Ten and no/lOG Dollars ($10.00) the receipt \-.hereof is hereby ack-
no~ledged do by these presents grant and convey unto said party of the
second part, its SUCC2ssors and assigns, forever, the perpetual right,
privilege and authority to flow the ~aters impounded in the Grand River
Dam Lake by the construction and operation of the Grand River Dam on
Grand Rive r near Pensacola, Oklahoma, upon all that part of the following
described land in Delaware County, Oklahoma, lying below elevation 750
above moan sea level, to-~it:
That part of the NEi NWi swi, SectioQ 12, Township 23 North,
Range 22 East of the Indian Base and Me ridian, lying be low the
750 contour, not owned by GRDA.
and to withdraw said waters from said land, to cut and clear all timber
below elevation 745 above mean sea level, and to do all things necessary
in preparing and maintaining said land below elevation 750 above mean
sea le ve 1 in a suitable condi tìon for ove rflowing and inundation with
the waters of the Grand River Dam lake, and to remove or require the
removal of J all buildings, fences and othe r improvements from said land
lying below elevation 745 above mean sea level, as and when the second
party may determine (if the party of the second part shall require the
removal of such buildings, fences and/or othe r improvements, the party
of the first part shall have the pri vilege of removing same if such
removal is accomplished wi thin a reasonable time after notification by
the party of the second part) together ~i th all the rights, easements,
pri vileges, and appurtenances in and to saìd land which will be required
or needed for the full enjoyment of the right of backing and flowage
herein provided.
Party of the first part, for herse If, her he irs, executors and ad~in-
istrators, do hereby covenant and agree that
at the time of the delivery
of these presents, she is lawfully seized in her own right of an absolute
and indefeasible estate of inheritance in fee simple in and to the
above described premises; that the same are free and clear of all
defects, liens and encumbrances; and that she will warrant and forever
defend the same unto said party of the second part, its successors and
assigns against said party of the first part, and all or every person
whomsoever lawfully claiming or to claim the same.
Ethe 1 J. Bourdon
STATE OF MINNESOTA
COUNTY OF HENNEPIN... ss
Before me, the undersigned, a Notary Public wi thin and for said county
and state on this 9th day of June, 1941, personally appeared Ethel J.
Bourdon, a single woman to me known to be the ìdentical person who exe-
cuted the within and foregoing instrument, and acknowledged to me that
she executed the same as her free and voluntary act and deed for the uses
and purposes therein set forth.
Wi tness my hand and official seal the day and year last above written.
FILED: June 25, 1941 at 10:15 A. M., recorded in Book 148, pages 17-18.
50
, I
JUDGMENT ON DECLARATION OF TAKING, Dated June 15, 1943, and filed for
record in the office of the County Clerk, Delaware County, Oklahoma, on
July 9, 1943 at 9: 30 A.M., and recorded in Book 153 at pages 573-583,
inclusive, vesting in the United States of America a perpetual easement
for FLOWAGE PURPOSES upon: (Other lands and tracts) and
All that part of the W~ SW~ of Section 12, Township 23 N., Range
22 East of the Indian Base and Meridian in Delaware County,
Oklahoma, lying be low Ele v. 757 Sea Le ve 1 Datum, except that
po rtion owne d by The Grand Rive r Dam Authority and that portion
on which the Grand Ri ver Dam Authority has the right of flowage
containing approximately 2.7 acres.
51
INSTRUTfiNT: QUI'I'CLAH1 DEED
CONSID3RATION: $ 10 . 00
EXCEPTIONS: None
REVENUE : None
DESCRIPTION
w~ swi-: Section 12, Tovmship 23 lTorth, Range 22 East, Delaware
County, Oklahoma, less approximately 8.9 acres heretofore deeded
to GRDA.
Miss Ethe 1 J. Bourdon
STATE OF MINNESOTA
COUNTY OF HENNEPIN... ss
Before me, the ~ndersigned, a Notary Public in and for said County
and State on this 5th. day of December, 1955, personally appeared Ethel
J. Bourdon to me kno',1D to be the identical yerson who executed the with-
in and foregoing instrument, and acknowledged to me that she executed
the same as he~ free and voluntary act and deed for the uses and purposes
therein set forth.
Gi ven unde r my hand and seal of office the day and year above written.
52
INSTEuieNT: Il¡ORTGAGE
FILE:ii_
..
August 16, 1961 at 2: 30 P. M.
PECORDED IN: Book 229, page 252
CONSIDERATION: $15,000.00
GFANTING CLAUSE: Have mortgaged and hereby mortgages
EXCL?~~C¡.i~~ ~ None
DESCRIPTION
(Other land) and
wl swi: Section 12, Township 23 North, Range 22 East.
E. M. Bishop
Gerildean Bishop
(Regularly Acknowledged.)
53
RELEASE OF MORTGAGE
WHEREAS, the note secured by said mortgage has been paid in full.
E. W. Ward
Elizabeth Ward
STA TE OF OKLAHOMA
COUNTY OF TULSA..... ss
Before me, the undersigned, a Notary Public, in and for said County
and State on this 22 day of March, 1962, personally appeared E. W. Ward
to me known to be the identical pe rson who executed the wi thin and fore-
going instrument and acknowledged to me that he executed the same as his
free and voluntary act and deed for the uses and purposes therein set
fort h .
Gi ven unde r my hand and seal of office the day and year last above
written.
My commission expires: Daniel E. Martin,
May 3, 1965. (SEAL) Notary Public.
FILED: March 26, 1962 at 11: 10 A. M., recorded in Book 231, page 850.
54
GENEF~L WnRRANTY DEED
TO HAVE AND TO HOLD the same as j oint tenants, and not as tenants in commor
wi th the fee simple title in the survivor, the heirs and assigns of the
survivor, together with all and sìngular the tenements, hereditaments an
appurtenances thereunto belonging or in any wise appertaining forever.
AND said parties of the first part, their heirs, successors, granteesJ
executors, and administrators, do hereby covenant and agree to and with
said parties of the second part that, at the deli very of these presents,
they are lawfully seized of an absolute and indefeasible estate of in-
heritance in fee simple, of and in, all and singular, the above granted
and described premises.: with appurtenances that the same are free, clear
and discharged and unencumbered of and from all former and other grants,
titles, charges, judgments, estates, taxes, assessments and encumbrances
of whatsoever nature and kind, Except: Easements, building restrictions
of record and special assessments not yet due, and that parties grantor
iÜll warrant and forever defend the same unto said parties of the second
part, their heirs, successors and assigns, against said parties of the
first part, their heirs, successors and assigns, and all and every person
or persons whomsoever lawfully claiming, orto claim the same.
55
Deed. . . page 2
STATE OF OKLAHOMA
. . . ss
COUNTY OF TULSA
Before me, the undersigned, 2 Notary Public in and for said County
and State on this 22 day of March, 1962, personally appeared E. M. Bishop
and Jeweldean Bishop, to me know~ to be the identical persons who exe-
cuted the wi thin and foregoing lnstrument, and acknowledged to me that
they executed the same as their free and voluntary act and deed for the
uses and purposes therein set forth.
Gi ven un de r my hand and seal of office the day and year above written.
FILED: March 26,1962 at 11:20 A. M., recorded in Book 231, pages 851-852.
56
INSTRmIENT: IJ¡OHTGAGE
FILED: Ma rc h 26
J',
1962 at 11: 30 A. M.
..
EXCEPTIONS: None
DESCHIPTION
(Othe r lands) and
W~ swi: Section 12, Township 23 North, Range 22 East~ less
approximately 8.9 acres, heretobefore deeded to GRDA.
Wayne M. Padgett
Lucille A. Padgett
(Regularly Acknowledged.)
57
PARTIAL RELEASE OF MORTGAGE
NOW, THEREFORE) the above named mortgagee does hereby remise, re-
lease and forever quit-claim all its right, title and interest, in
and to the above mentioned property, INSOFAR ONLY AS IT COVERS:
NWt SWt Sec. 12, Twp 23 N., Rge. 22 E., less approximately 8.9
acres heretofore deeded to Grand River Dam Authority, in Delaware
County) state of Oklahoma,
58
R e lea s e . . ~ . pa g e 2
STATE OF OKLHOMA )
) SS
COUNTY OF TULSA )
Filed: Dec. 11, 1962 at 11:00 A.M., recorded Book 235 Page 149-150
~q
J~
RELEASE OF MORTGAGE
estate, viz: /-
Association Mortgagee for the sum of Eighteen Thousand Two Hundred
Fifty Doiia~s and No/100 Dollars upon the following d~scribed real
which said mortgage is recorded in Book 3228 Tulsa County & 231
Delaware County of Mortgages, on page 413 and 414 Tulsa County and
853 & 854 Delaware County of the records of Tulsa and Delaware Counties,
Sta te of Oklahoma.
vJHEREAS, the note secured by said mortgage has been paid in full:
NOW, THEREFORE, The National Bank of Commerce of Tulsa, A National
Banking Association the above named mortgagee does hereby remise,
release and forever quit-claim all its right, title, and interest
in and to the above mentioned property which they may have acquired by
virtue of said above named mortgage to Wayne M. Padgett and Lucille
A. Padgett, his wife the said mortgagors, their heirs or assigns,
forever.
Tulsa, a
IN TESTIIV¡ONY ì'iliEREOF., The National Bank of Commerce of
STA TE OF OKLHOMA
SS
COUNTY OF TULSA
On the 17th day of January A.D., 1963, before me, the undersigned,
a Notary Public, in and for the County and state aforesait1-,
..
personally
appeared Mac W. Rupp to me known to be the identica 1 person who subsrib-
ed the name of the maker thereof to the foregoing instrument as its
Vice President and a cknowledged to me that he executed the same as his
free and voluntary act and deed, and as the free and voluntary act and
deed of such corpora tion, for the uses and purposes therein set forth.
Given under my hand and seal of office the day and year last
above written.
JOYCE GREEN
(SEAL) Notary Public
My commission expires September 11, 1963
61
STATE OF OKLAHOMA
DELAWARE COUNTy.... IN THE DISTRICT COURT.
Plaintiffs ~
-vs- No. 9210
J-.. H. Norwood,
Frank Danie Is, j
.& ..
'
Sarah C . Ghormley,
Ethe 1 J. Bou~don,
William R. Bourdon,
George R. Bourdon,
Henry C. Bourdon,
Jeanette Cox~ otherwise known as Jeanetta. Cox,
Hazel B. Walter,
George A. Ralph,
Sarah Louise Sprague,
Elizabeth Duncan,
Essie Aleck, Full Blood Cherokee, N. E.,
Katie Aleck, Full Blood Cherokee, N. E.,
Springpole Aleck, Full Blood Cherokee, N. E.,
Chas. Kegg, Guardian of Essie Aleck, Katie
Aleck, and Springpole Aleck,
Nannie Lincoln, Full Blood Cherokee, Roll No.
30,508, othe rwise known as Nannie Bird,
Arcenie Lincoln, Full Blood Cherokee, Roll No. 30509,
Mary Lincoln, Full Blood Cherokee, N. E.)
otherwise known as ~8ry Blackbird,
If said defendants be li ving, and, in the al ternati ve, if
said defendants, or either of them be dead, then the heirs~
executors, administrators, devisees, trustees, creditors and
assigns, immediate and remote, known and unknown, of such
deceased defendant or defendants; National Hardwood Company,
Guaranty Trust Company of Detroit, Michigan, if said corpor-
ations be in existence, and if not in existence and defunct,
then the officers, trustees, successors and assigns, if any,
of such defunct or non-existing defendant; The Heirs, exe-
cutors, administrators, devisees, trustees, creditors, and
assigns, immediate and remote, known and unknown of B. B.
Ralph; Martha Bourdon; Mary Creekkiller, Full Blooà Cherokee
Roll No. 21461, Coon Aleck, Full Blood Cherokee Roll No.
19491; Aggie Lincoln, Full Blood Che rokee Roll No. 25602;
Robert Lincoln, Full Blood Cherokee Roll No. 18570, each
deceased; Board of County Commissioners of the County of
Delaware, State of Oklahoma, Kenneth Walker) County Tr~a-
surer of Dela,,.iare County, Oklahoma.; Stat,= of Oklahoma.
Defendant:,
h0
,
Petition.. .page 2
PETITION
Come now the plaintiffs and for their ~ause of action against the
defendants, and each of them, named in the caption hereof, allege and
s ta te :
That plaintiffs are now and that they and their predecessors in title
have been for more than 15 years last past in the open, notorious, pea~~~
able, adverse possession, exclusively, or the following described real .
property and premises situate in Delaware County, Oklahoma, to-wit:
and that by virtue of such possession under color of title and claim of
right for a period in excess or the limitations set forth in S 93 of Title
12, Oklahoma Statutes (1961), the same has ripened into prescriptive title
as described in S 333 of Title 60, Oklahoma Statutes (1961) and that such
title should be quieted and confirmed in the plaintiffs, their assigns
and the he irs of the survi vor . That plaintiffs i title ac c rued in t hem by
virtue of the conveyance of record in the office of the County Cle rk of
Delaware County, Oklahoma, in Book 231 at page 851 et seq., which said in-
strument, together with each and all the other documents described by
their book and page of recordation are made a part hereof as fully and com-
pletely as though recopied and restated in their respective entireties.
That plaintiffs i title is further subject to a certain first mortgage in
favor of the National Bank of Commerce of Tulsa, Oklahoma, of record in
the Delaware County Cle rk i s Office in Book 231 at page 583, et seq.
That a portion of the above described lands .,Jere conveyed unto Sarah
C. Ghormley, a Cherokee Citizen, of 1/8 blood, enrolled opposite No. 14122
by ~ deed of record in Book E at page 269 in the Delaware County Clerk's
Office. That said lands being subject to taxation and not being exempt
from ad valorem taxes, said premises were duly assessed for ad valorem
taxes, extended upon the rolls of the County Treasurer of Delaware County
Oklahoma, and ad valorem taxes duly levied thereupon. That subsequently
the taxes being not paid when due, said lands were advertised for sale for
delinquent taxes, And, for lack of bidders, were struck off in the name
of Delaware County. That thereafter, the certificate upon said taxes be-
came the prope rty uf Jennie L. Wright and after notice having been given
in the manner and form provided by law, and said lands being not redeemed
by the record owne rs, or any agent, the re vms issued unto the said .Jennie
L. Wright, a ce rtain tax deed on the 31st day of January, 1918) which
appears of record in Book 37 at page 103 in the De laware County Clerk 1 s
63
':,:
That on the 17th day of September, 1910, there was filed for record
in the office of the County Clerk of De laware County, Oklahoma, and duly
recorded therein in Book 14 at page 122, a certain deed between Frank
Daniels, grantor, and A. H. Norwood, grantee, however, neither of said
persons has any title, right or interest in said premises; and a portion
of the above described lands were incorporated therein by virtue of the
error of the scrivener viho prepared said instrument.: and, therefore, the
said Frank Danìels and A. H, Norwood should be decreed to have no right,
title or interest in and to said premises or any part thereof and the
title of the plaintiffs quieted and confirmed the reagains t.
That pending the probate of the estate of the said B. B. Ralph, the
said Martha Bourdon departed this life an unremarried widow while the
owner of an interest in a portion of the above described land, on the 5th
day of February, 1936. That her estate has been administered upon in
cause numbe red 2534 ih the County Court of Sequoyah County, Oklahoma,
and that her sole and only heirs at law, heirs and devisees are the
following named persons who each inherited an undivided 1/6 interest in
and to her estate, to-wit:
64
Peti tion. . . page 4
William R. Bourdon, son
Ethel J. Bourdon, daughte r
George R. Bourdon, son
Henry C. Bourdon, son
Jeanette Cox, daughte r
Haze 1 B. 'lIal te r, daughte r
and that she left survi ving her no husband nor other child or adopted
child or children, or the issue of any deceased child or adopted child
or children, and the above named persons inherited the Whole of her
estate, exclusively.
66
P ~. ~. 6
el,ll,ion.. .page
67
Petition.. .page 7
That subsequent to the demise of the said Robert Lincoln, the afore-
mentioned and named owners of the allotment of Aggie Lincoln, conveyed
all their right, title, and interest in and to said premises by virtue
of the deed of record in book 109 at page 202 in the Delaware County
Clerk i s office, which said deed was duly approved, validated and ratified
by the County Court of Maye s County J Oklahoma, in case numbered 2283,
and that by virtue of such conveyance, all the interest of said heirs and
successor~J~f the allottee was conveyed into the chain of title culminating
in the plaidtiffs, and that such deed duly confirmed should be validated
and approved by this Court, the deed having been approved on the 18th
day of May, 1929.
That each and all of the decedents named herein departed this life
more than ten years prior to this date and, therefore, no valid dete rmin-
ation by a court of competent jurisdiction wi thin the State of Oklahoma
having been entered of the heirship of such decedents, this court is
clothed with jurisdiction to so decree, and the state of Oklahoma by
virtue of the lapse of time is barred from claiming any interest by virtue
of estate, inheritance or transfer taxes and such claim or purport of
claim should be barred by decree.
That Jeanette Cox is the same person, but otherwise known as Jeanetta
Cox. That Nannie Lincoln is otherwise knovm as Nannie Bird, but is one
and the same person. Mary Lincoln is the same person but otherwise known
as Mary Blackbird.
That each and all the defendants named in the caption hereof claim
some right, title, lien, estate, encumbrance, claim, assessment or inter-
est in and to the real prope rty invol ved he rein, adverse to the plaintiffs
which constitutes a cloud upon the title of plaintiffs, and said defend-
ants and each of them 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, and the title of the plaintiffs should be
quieted and confirmed as against such defendants, and each of them. That
except as herein set forth, plaintiffs do not know and cannot ascertain
the specific claims of such defend:'.nts, and it is unnecessary to specifi-
cally allege such claim under S 236a and S 1141 of Title 12, Oklahoma
Statutes (1961).
STA'lE OF OKLAHOMA
MAYES iÎ'tOUNTY. . . . . . . ss
Ernest R. Brown, of lawful age, being first duly sworn upon his
oath states: That he is the attorney and agent of the plaintiffs herein,
that he has read the wi thin and foregoing peti tion, knows the contents
thereof, and that each and all of the material allegations therein con-
tained are true.
Ernest R. Brown
69
-'.-''1
STATE OF OKLAHOriL~.
DELAWARE COUNTy.... IN THE DISTRICT COURT
A. H . No rw 0 0 d: eta 1 . ,
Plaintiffs,
De fe ndant s .
JJ. '..
Ernest R. Brown, of lawful age, being first duly sworn upon his
oath, states:
That he is the attorney and agent of the plaintiffs named in the
above styled case which was commenced on the 23rd. day of April, 1962, in
the District Court of Delaware County, Oklahoma, under cause numbered 9210
"wherein 1/Jayne l"l. Padgett, et a1., are plaintiffs, and A. H. Norwood, "t
al., are defendants, which said cause of action has for its purpose the
quieting of the title, in, of and to the following described real pro-
_pe rty and premises si tua te in De laware County, Oklahoma, to-wit:
( Othe r land) and
W~ swi: Section 12, Township 23 North, Range 22 East of the
Indian Base and Meridian, according to the United States Govern-
ment Survey and Plat the reof .
in the plaintiffs as against the defendants., and each of them, and any
and all persons claiming by, through, from or under them or either of
them, the judicial determination of the name or names and individual id-
entity of the heir or heirs surviving B. B. Ralph, Martha Bourdon, Mary
Creekkiller, Coon Aleck, Aggie Lincoln, and Robert Lincoln, each deceased,
adjudging the validity of the tax deed, cancelling ad valorem taxes,
determining the identity of certain persons, and purging all clouds of
record to plaintiffs i title, all as shown by plaintiffs 1 verified petition
on file herein to which you are referred for further and more detailed
particulars, and which is by reference and mention made a part hereof as
fully and completely as though recopied, restated and reiterated herein
in its entirety.
That plaintiffc and this affiant are unable to ascertain b~T the: e~-.~:."-
ci~e of due diLi-gence the names oi-" VJÌ12::"eabouts of the hej.rs, ezecutorJ-,
administ~ators, òevisee8~ trustees, creditors and assigns, known anù un-
known, irrmediate and reoote; of B. B. Ralph, l'~artha Bourdon; Mary CreeJ.:::~.ller
Coon Aleck, Aggie Lincoln. Eobert Lincoln, each deceased, except as chc~~
herein or named ~n the petition.
That plainti ffs and this affiant 1,Ji tli due dilig2nce are unable to
mal:e service of summons i¡Üthin this State l1:non tl:2 defendants hereinabove
named and/or described: and plaintiff3 and this affiant believe and allege
that each and all of the defend&nts hei~inabove named are non-residents
of and absent from the State of Oklar_Gr:..a., 3.nd tì-:at a11 of the defendants
vJho could have been se i"ved ;,:i th summons pe rson::l ly vJi thin the State of
Oklaho~a have been 80 served.
71
Affida vi t. . . page 3
'7?
1-
STATE OF o I\LAHOHP,
DELAWARE COUNTy..... ss IN THE DISTRICT COURT
A. H. No~~ood, et al.)
Defendants
I-..
PUBLICATION NOTICE
You, and each of you, are hereby notified that you were sued in tr.e
district Court of Delaware County, Oklahoma, in cause numbered 9210,
which said cause of action was commence d on the 23rd day of April, 19~
wherein Wayne M. Padgett, et al., are plaintiffs, and A. H. Norwood, Et
al, are defendants, which said cause of action has for its purpose thE
quieting of the title in the plaintiffs in, of and to the following dES-
c ribed real prope rty and premise s si tua te in De laware County, Oklahom~,
to-wit:
( Ot he r land) and
;',2' "w'
,., ì: 4: Section 12, Township 23 North, Range 22 East of the Indian
Base and Meridian, according to the United States Government Survey
and Plat thereof;
73
Notice. . . page 2
adjudicating the name and individual identity of the heir or heirs sur-
viving B. B. Ralph, Martha Bourdon, Mary Creekkiller, Coon Aleck, Aggie
Lincoln, Robert Lincoln, each deceased, adjudging the validity of the
tax deed and the canceilation of ad valorem taxes, purging all clouds of
record and :::::'/::ing at re s t all claims ad ve rse to the plaintiffs, the ir
successors and their heirs and assigns, all as shown by plaintiffs i veri-
fied peti tion on file in said cause to which you are re ferred for furthe r
and more detailed particulars, and v,¡hich is by y,ference and mention herein
made a part hereof as fully and completely as i1''t,he same were recopied,
restated and reiterated herein in its entirety.
You are further notified that unless you answer the allegations
contained in plaintiffs i p~~l tion on or before the 9th day of June, 1962,
the allegations of plaintiffs f petition will be taken as true and con-
fessed and plaintiffs i title quieted against you, and each of you, and any
and all persons claiming by, through, from or under you, or either of you
since the date of the commencement of this action, and said defendants,
and such other persons will be barred, restrained and forever forbidden
to set up, assert or claim any interest, right, title, share, lien, lease
or estate in and to said premises adverse to the plaintiffs, their heirs
and assigns.
Dated this 23rd day of April, 1962.
74
O~(LAHOHA Sm.Il.lONS
You wìll make due return of this summons on or before the 3rd day
of May, 1962.
Gi ven unde r my hand and the seal of said Court this 23rd day of April,
1962.
Suit brought for: Quieting title, dete nnining heirshìp, clearing clouds
of record, barring claims of defendants to lands in Delaware County, to-wit:
(Othe r land) and vJ~ SVJt: Se ction 12, TO'\'!ship 23 North, Range 22 East,
of the Indian Base and Meridian according to the United States Government
Survey and Plat thereof.
SHERIFF Y S RETURN
I received the above summons April 23, 1962, and as commanded therein
I summoned the following named defendants in said County at the times.
follows, to-wit: Kenneth Walker, County Treas ure r of De laware County,
Oklahoma7 on April 23, 1962, by delivering to each said defendants per-
sonally, in said county, a true and certified copy of said summons with
all the endorsements the reon; and Board of County Commissione rs of De la-
ware County, Oklahoma, by se rving Sam Fie Ids, County Cle rk and Cle rk of
the Board of County Commissioners of De laware County, Oklahoma, on April
23 , 1962.
R. O. Nuckolls, Sheriff
J. R. Loux, Undershe riff
'. l.. _1. _ ì: .. c.. l.l.- \J u
(Sheri~~i~ ~~os omi~ted- by a b s t ra c t e r . )
A. H. Norwood) et al,)
Plaintiffs,
Defendants.
/-..
ANSWER
COIvS nov¡ Richard 1l. Lock, the County Attorney of De laware County,
ware County, Oklahorna, and for their anS'\Jer to plaintiffs i petition herein
\iHREF'ORE~ having fully answered~ s2id defendant ask the order and
Hichard W. Lock
County Attorney
76
STATE OF CKLA1-:OI.~!,-
DELAVJARR COUNTY.,... S S IN TE'\ DISTRICT COURT
A. ~ L r 0 rvJO 0 d , e t a1.,
Plaintiffs,
You are hereby notified that Wayne l1. Padgett, et al., did on the
23rd day of April, 1962; commence the above styled action, havìng for its
purpose the quieting of title in the plaintiffs and the confirmation of
the tax deed covering the property described in the petition herein, a
copy of 'I,¡hich is hereto attached, marked IIExhibit A11 and made a part
hereof, concerning the lands described therein, and further quieting
the title against owners prior to the issuance of the tax deed therein
involved.
Take C".~ notice he reof, and gove rn yourse 1 ve s ac co rdingly .
vIA YNE M. pimGETT, et a 1 0
By Ernest R. Brown
Their Attorney
A. H. Norwood, et al.,
Defendants.
Ernest R. Brown of lawful age, being first duly sworn upon his oath
s ta te s :
That he is the attorney for the plaintiffs in the above styled cause.
That on the 28th day of April, 1962, wi thin six days after the first pub-
lication of the publication notice in the above entitled cause, he enclosed
a copy of the petition herein, together with a copy of said publication
notice attached thereto, in an enve lope individually addressed to each of
the defendants as follows, to-wit:
Ethe 1 J. Bourdon, Minneapolis, Minne sota
William R. Bourdon, Holbrook, Arizona
George R. Bourdon, Red Lake Fall, Minnesota
Henry C. Bourdon, Hackensack, Minnesota
Jeanette Cox, Knoxville, Tennessee
Hazel B. Walter, Minneapolis, Minnesota
George A. Ralph, Kansas City, Missouri
Sarah Louise Sprague, Marshfield, Oregon
Elizabeth Duncan, Kansas City J Missouri
Guaranty Trust Company of
Detroit, Michigan, De t roi t, Mic higan
with postage thereon fully prepaid, and deposited the same in the United
States Post Office at Pryor, Oklahoma.
A. H. Norwood, e t al.,
Defendants.
DISCLAIMER
COMES now the defendant, STATE OF OKLAHOMA ex rel, OKLAHOMA TAX
real estate invol veá ìn this action for estate, inhe ri tance or transfer
taxes.
WHEREFORE, this áefendant asks to be discharged with its costs.
-- .. ..c:, , '_ .
_~-_j.T,RD', M~y ~¿ ~..'96?
79
IN THE DISTRICT COURT OF DELAWARE COUNTY, STATE OF OyiAHOMA
A. H. Norwood, et al.,
Defendants.
J'" '..
Comes now the Area Director for the Muskogee Area and successor
to Superintendent for the Five Civilized Tribes and under the authority
Congress approved August 4, 1947, (61 Stat. 731), elects not to remove
Graham Ho 1 me S J
Area Director
80
AFFIDAVIT AND PROOF OF PUBLICATION
LEGAL PUBLICATION
STATE OF OKLHOMA,
...ss Case No. 9210
COUNTY OF DELAWARE
/,..
Lee Keck, being duly sworn, upon his oath says: That hs is the
owner and editor of The Delaware County Journal Published at Jay,
Oklahoma, the County Seat of Delaware County, a weekly newspaper of
gene ral and paid circulation in Delaware County, Oklahoma, with en-
trance into the United States Mail as Second Class Mail Matter and pub-
lished and delivered to the United States Mail in Delaware County, Okla-
homa, and which newspaper has been continuous ly and uninte rruptedly pub-
lished in said county during a pe riod of 104 weeks consecutive ly prior
to the first publication of the attached legal notice and that the Dela-
ware County Journal comes wi thin all the prescriptions and requirements
of Section 102, 102a, 102b of Title 25, Okl. St. Ann.
That said Legal Notice was printed in the regular and entire
editions of the newspaper during the period and times of publication
and in the regular pages and not in any supplement the reof, and in the
English language.
Lee Keck,
Editor-Owner
Subsc ribed and sworn to before me this 14 day of May, 1962.
81
PUBLICATION NOTICE
GREETINGS:
You, and each of you, are hereby notified that you were sued in the
District Court of Delaware County, Oklahoma, in cause numbered 9210, which
said cause of action was commenced on the 23rd. day of April, 1962, where-
in Wayne M. Padgett, et al., are plaintiffs, and A. H. Norwood, et al.,
are defendants, which said cause of action has for its purpose the quiet-
ing of the title in the plaintiffs in, of and to trie following described
real property anã premises situate in Delaware County, Oklahoma, to-wit:
82
Notice. . . page 2
You are further notified that unless you answer the allegations
contained in plaintiffs i petition on or before the 9th. day of June,
1962, the allegations of plaintiffs i petition will be taken as true
and confessed, and plaintiffs i title quieted against YOUj and each of
you, and any and all persons claiming by, through, from or under you,
or either of you since the ~ate of the commencement of this action,
and said defendants, and srl~h other persons will be barred, restrained
and forever forbidden to set: up, assert or claim any ~nterest, right,
title, share, lien, lease or estate in and to said premises adverse to
the plaintiffs, their heirs and assigns.
Published in the Delaware County Journal, April 26, May 3 and 10, 1962.
83
STATE OF OICAHOI'il
DELA\\,fARE COl:NTY
A. H. NOTIiood, et al.,
Plaintiffs
D~fendants .
"
¡) ,
The un de rsigned, of lawful age, being first duly sworn upon oath,
states:
That he is the a ttorney of record for the plaintiffs in the above
entitled and numbered cause of action; that he makes this affidavit for
and on behalf of the plaintiffs.
That all of the persons, and each of them, named as party defendants
he re in have been duly and legally notified of the commencement and pendency
of this action either by personal service of summons, or by notice by
publication herein, and said defendants, and each of them, have not filed
pleadings or answer herein but they, and each of them, are in default here-
in, although the time allowed by law wi thin which said defendants, and
each of them, may plead or answer herein has been fully allowed.
84
STA TE OF OKLAHO~~
DELAWARE COUNTY IN THE DISTRICT COuKT.
And now on this 20th, day of June, 1962, the same being a regular
juridical day of the above styled court, the above entitled and numbered
cause comes on for hearing in its regular order before the undersigned
Judge of the District Court with the plaintiffs appearing in person and
by Ernest R. Brown, their attorney, and with the defendants the Board
of County Commissioners of the County of Delaware, state of Oklahoma,
and Kenneth Wa lker, County Treasurer of Delaware County, Oklahoma, each
appearing by Richard Lock, the duly elected, lega lly qua lified and
acting County Attorney of Delaware County, Oklahoma, and it appearing
that the state of Oklahoma has filed herein its disclaimer of any
interest by virtue of inheritance, estate or transfer taxes, and is,
therefore, in default of personal appearance, only, and it further
appearing that due and proper notice has been served upon the Area
Director of the Five Civilized Tribes proclaiming the pendency of this
action, and that, therefore, the United states of America is bound by
the decree of this Court determining heirship, and it further appearing
tha t each and all the defenda nts named in the ca ption hereof, sa ve and
except as heretofore sta ted, ha ve been duly a nd lawfully summoned by
publication notice more than 41 days prior hereto, which said notice,
together with all the pleadings upon which the same rest are severally
examined by the Court, severally found good, valid and sufficient, and
are severa lly approved, and there appearing no inhibition to the entry
of judgment against said defendants, or either of them, and said defend-
ants having been ca lled a loud three times at the bar of the Court to
answer, appear, except or object, and coming not, they are adjudged
wholly in default.
Whereupon, plaintiffs present their eviaence and rest, and there-
from the Court finds a 11 the issues genera lly in favor of the plaintiffs
and against the defendants, and each of them, and further finds that the
plaintiffs are entitled to have quieted and confirmed in them the full
fee simple title to the hereinafter described real property and premises
both as a prescriptive title and as a record title subject, only, to
the first mortgage in favor of the National Bank of Commerce of Tulsa,
Oklahoma, which lien appears of record in the office of the County Clerk
of Delaware County, Oklahoma, at page 583. in book 231, and being fully
advised in the premises,
86
Journa 1 Entry... . . . page 3
IT is THE ORDER, JUDGMENT AND DECREE OF THE COURT that the title
in and to the following described real property and premises situate in
Delaware County, Oklahoma, to-wit:
The SEt; and, the E~ SWt; and the sl NEt of Section 11; and, the
Hl S~'Jt of Sect i on 12; 8 nd, the 1.il NV.Jt of Se etion 13; and, the
Nl NEt; and, the SEt NEt; and, the NEt lTwt of Section 14, all
of said lands being in Twp. 23 North and Range 22 East of I~
the Indian Base and Meridian, according to the United States ~
Government Survey and Plat thereof,
be, and the same is hereby quJeted and confirmed in Wayne M. padgett and
Lucille A. Padgett, husband and wife, as joint tenants, by virtue of the
deed appearing of record in the Delaware County Clerk r s office in book
231 at page 851 and the Court doth further adjudge and decree:
That B.B Ralph, while then the owner of an interest in the above
described lands departed this life an unremarried widower, without issue
and testate, and that he left surviving him as his sole and only heirs
at law, or persons entitled to participate in his estate the following
named persons:
George A. Ra Iph
Sarah Louise Sprague,
Eliza beth Dunca n
Marth Bourdon
Journa 1 Entry.... pa ge 4
That on the 5th, day of February, 1936, the said Martha Bourdon,
being then an heir of B.B. Ralph and entitled to participate in his
estate, being interested in the aforesaid lands, departed this life
an unremarried widow and that she left surviving her as her sole and
only heirs a t law the following named persons:
89
'..'"
That neither the National Hardwood Company nor the Guaranty Trust
Company of Detroit, Michigan) have any present ìnterest or right in anà
to said lands) or any part thereof, all their rights having terminated,
ceased and vested, and, in any event, beìng now barred by the statute of
limitations inasmuch as plaintiffs i grantors have been in possession
under color of title and claim of right for more than 15 years.
That the deed executed by the heìrs of Robert Lincoln and Aggie
Lincoln, of record in book 109 at page 202 in the Delaware County Clerk! s
office is firm and effectual forever to divest said grantors, heirs, of
any right or interest in and to said premises, or any part thereof.
That Jeanette Cox is the same persons as Jeanetta Cox. That Nannie
Lincoln is the same person as Nannie Bird. Tha t Mary Lincoln is the
same person as Mary Blackbird.
That each and all the defendants named in the capGion hereof be,
and they, and each of them, are forever barred to set up, assert or claim
any interest in and to said lands, or any part or parcel thereof, adverse
to the plaintiffs, their successors and assigns, and, particularly, the
Board of County Commissioners of the County of Delaware and Kennth
Walker, County Treasurer of Delaware County, Oklahoma, and each of them,
a nd their respective successors in office are now barred to assert or
claim any interest in and to said premises, or any part thereof by
virtue of alleged' irregularities or unpaid ad va lorem taxes.
Ernest R. Brown
ATTORNEY FOR PL~INTIFFS
Richard vI. Lock
COUNTY ATTOHNEY
90
INSTRUl!iEN'T' : QUITCLAIM DEED
EXCEPTIONS: None
REVENUE : None
DESCRIPTION.
(Other lands) and
vT-l SW-l Sec. 12, Twp 23 N., Rge, 22 E., less approximately 8.9
a cres heretofore de eded to GRDA;
CONSIDEHATION: $10.00
GRANTING CLAUSE: Grant, bargain, sell and convey
REVEW0E: $1.60
DESCRIPTION
m~~ SW~ Sec. 12, Twp 23 N., Rge. 22 E., less approximately 8.9
acres heretofore deeded to Grand River Dam Authority, in Delaware
County, state of Oklahoma. Containing 31.1 acres, more or less
Wayne M. padgett
Lucille A. Padgett
STA TE OF OKLHOMA
COu~TY OF TULSA.. . . . ,SS
Before me, the undersigned, a Notary Public, in and for said
County and State, on this 7th day of December, 1962, persona lly appeared
Wayne M. padgett and Lucille A. padgett to me known to be the identical
persons who executed the within and foregoing instrument, and acknow-
ledged to me that they executed the same as their free and voluntary
act and deed for the uses and purposes therein set forth.
Given under my hand and seal of office the day and year above
written.
My commission expires Norma Ford
Jan. 14, 1966 (SEAL) Notary Public
92
INST;',UI'r.::;c¡' : ri10RTGAGE
EXCEFTIO:~S : None
Eegularly Acknowledgec
O~
,/ .J
PARTIAL RELEASE OF REAL ESTATE
ì'IORTGAGE
NvJt SWt Sec. 12, Twp' 23 N., Rge 22 E., less approximately
8.9 acres heretofore deeded to Grand River Dam Authority, in
Delaware County, State of Oklahoma,
NOW, THEREFORE, FRED STONE AND WAYNE M. PADGETT, the above named
mortgagees, do hereby remise, release and forever quit-claim all their
right, title, and interest, in and to the above mentioned property
which they may have acquired by virtue of said above named mortgage,
to E.J. CADDEL AND WILMA C. CADDEL, Husband and Wife, the said mort-
gagors, their heirs or assigns, forever, INSOFAR ONLY AS SAID MORTGAGE
COVERS THE FOLLOWING DESCRIBED LAND, TO-WIT:
The North 50 feet of the Nl.Ñt NVJt SWt Sec. 12, Twp 23 N., Rge
22 E. of the Indian Ba se and Merid ian.
IN TESTIMONY WHEREOF, we have hereunto set our hands and sea ls,
this 27th day of June J 1963.
Fred stone
Wayne M. Padgett
STA TE OF OKLHOMA )
) SS.
COUNTY OF TULSA )
,\ 4 l;
NTI.'¡l . ",c
S"I.Tl' ior:
S "" c.:ti--H o"n~_~_p
t. ,l"" c: l' ~. ? - u.
3 'lT , R;e. 22 E., less apprOXii2. tE
8.9 acres heretofo!e~.deeded to GPnA, Dela~':are Co ll"l ty , Ol:lahorr.a
1'IH'.EPiS" the note secured by said IT.ortgage has been paid in full:
Nm'¡, THL"l70KS, Fred Stone and Ha.yne 2,1. Pa.dgett, the a.bove n8!:ed
mortgagees do hereby reDise, relea.se ~~d forever qui t-clain all their
right , title, e.d ~ ,,t eres t in a.d to' the above r:en tioned property "i.¡hie
they :iay h8.ve acquired by virtue of said a.boye na.r:ied rr~ortgage to E. J,
Ca.ddel 2.1'1d '.-l 1 r::a C. Caddel, the sa.id L"ortgagors -' their heirs or as sig!
forever.
WITNESS our har.d this 18 da.y .. .,'
O-;~ _ '-l.,..--
71'a""""h 1 oo~6 .
ì'layne_Pa.dgett
Fred Stor:e
STATE OF OIU.Li-\HO::.!.A,
COmITY O? 'IULS_ei.... SS
Before :-::.e, tèie ur:dersis:-ed, a ~\o-iary Public in ar.d for said Cou.'
SJ.
L.at 0
e,"i-i-"", S ie Ud~y
n \JILc. a.'o..
J. ....;a-r.-.~
..... _....,i 0::0~
-::vpeY'c:o~::l l-r a. nea.r0c.'
~ _ .~ ....~"" j P. -~ .....)a..-.. p,. "',- .
..i~e--c.CI6e
and Fred Stone, to ~:e k.'1o.:;n to be t~'1e identical pe2.~sor.s 1;¡ho e:¡:ecuted .
within and fOTegoin; instrUi;.ent and aC~::'1oi';led;ed to C':e that they exec~
the s~~e as their free ~~d vOlll~tary act and deed for the uses and P~
therein set forth.
Given i~Dder DY hand ~Dà seal of office the day aDd yea.r last abo
i,'iri t ten ..
9C- -A
,.,/
REENUE: $.55
DES C R IP T ION
The North 50 feet of the Nwt NWt swt Sec. l2~ Twp 23 N., Rge 22 East
of the Indian Base and Meridian, situated in Delaware County, State of
Oklahoma, LESS AND EXCEPTING that part thereof which has heretofore
been conveyed to the Grand River Dam Authority, being specifically
understood that such conveyance is to only that portion of the above
described property lying West of the area of Grand Lake, particularly
described as the cove of the Hi-lift Marina.
E.J. Caddel
Wilma C. Caddel
STA TE OF OKLHOMA
County of Tulsa. .... ss
Before me, the undersigned, a Notary Public, in and
for said
County and State, on this 2nd day of July, 1963, personally appeared
E. J. Caddel and Wilma C. Caddel~ Husband and Wife to me known to be the
identical persons who executed the within and foregoing instrument, and
acknowledged to me that they executed the same as their free and volun-
tary a ct and deed for the uses and purposes therein set forth.
Given under my hand and seal of office the day 2nd year above writ-
tenii
My comm. expìre s Nov. 12, 1966 (SEAL) Vera vaughn Meador)
95 Notary Pub lic
EASEMENT OF RIGHT -OF-\'JA Y
THAT WF£PilAS, the undersigned LEO SMITH and 11ILDRED SMITH, husband
and WIFE, are the owners of the following described land, to-wit:
Beginning at a point that is 65 feet North and 336 feet East of
the 3\'! Corner of the wit of Se c. 12, Twp 23 N., Rge. 22 E;
Thence running South 115 feet/to a point that is 332.3 feet Ee st
and 50 feet South of the NW corner of the 3W-t Sec. 12, Twp 23
N., Rge. 22 E. Thence Ea st 30 feet; thence North 115 feet; thence
West 30 feet to the point or place of begìnning;
AND VlHEREAS, it is the desire of the said LEO SMITH And MILDRED
S~lITH, husband and Wife, to grant unto E. J. CADDEL AND WILMA C. CADDEL,
Husband and Wife, a right -of -way ea sement in common with the sa id LEO
SJ\IITH A~"D MILDRED SMITH, Husband and Wife, for road purposes , with
rights of ingress and egress.
Leo Smith
Mildred Smith
STA TE OF OKLHOMA
COUNTY OF OKLAHOMA.... SS
Before me, the undersigned, a Notary Public, in and for said
County and State, on this 2nd day of JulY, 1963, personally appeared
Leo Smith and Mildred Smith, Husband and Wife, to me known to be the
identical persons who executed the within 2nd foregoing instrument, and
acknowledged to me that they executed the same as their free and volun-
tary act and deed for the uses and purposes therein set forth.
Given under my hand and seal of office the day and year above
wri tt;en.
Yiy commission expires March 16, 1967 (SEAL) Ka thryn M. Pa Imer,
Notary Public
riled: February 11, 1964 at 1:10 P.M,
Rscorded in: Book 240 at pagss 868-869
96