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  • CV-2024-00016 document preview
  • CV-2024-00016 document preview
  • CV-2024-00016 document preview
  • CV-2024-00016 document preview
  • CV-2024-00016 document preview
  • CV-2024-00016 document preview
  • CV-2024-00016 document preview
  • CV-2024-00016 document preview
						
                                

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IN THE DISTRICT COURT IN AND FOR DELAWARE COUNTY, FILED STATE OF OKLAHOMA ’ FEB 0 2 2024 KARMA SAPP THE J. O. AND CECILE THOMASON REVOCABLE ) DELAWARE CO. COURT CLERK TRUST (U/D dated September 6, 2013), ) Plaintiff, ) vs. ) Case No. CV-2024- Jig THE JOHN E. THOMASON AND DONA E. (LEACH) ) THOMASON TRUST, DATED THE 28™ DAY OF MARCH) 1985, ROY L. THOMASON, SR., TRUSTEE, and/or its ) unknown Successor Trustees, if any, ) Defendants. ) PETITION TO QUIET TITLE COME now the Plaintiff above named, and for its cause of action against the defendants, and each of them, alleges and states as follows: 1. That the Plaintiff, THE J.O. AND CECILE THOMASON REVOCABLE TRUST (U/D dated September 6, 2013), is the owner in fee simple to and in actual and peaceable possession of the surface real property, situated in Delaware County, State of Oklahoma, and legally described as follows, to-wit: W/2 NW/4 SW/4 of Section 28, Township 20 North, Range 25 East, Delaware County, Oklahoma, according to the U.S. Government Survey thereof 2. That the Trustors of the Plaintiff acquired their interest and title in and to the above tract of land by virtue of (a) a Warranty Deed from JOHN E. THOMASON and DONA E. THOMASON, husband and wife, to J. O. THOMASON and CECILE G. THOMASON, husband and wife, dated October 30, 1980 and recorded October 30, 1980 in Book 407 Page 726; and (b) QuitClaim Deed from J. O. THOMASON and CECILE THOMASON, husband and wife, to the Plaintiff Trust, dated September 6, 2013 and recorded September 9, 2013 in Book 2049 Page 463 in the land records of the County Clerk for Delaware County, Oklahoma, copies of which are attached hereto as Exhibits “A-1” and “A-2”, 3. Plaintiff alleges that the named Defendants may claim some right, title or interest in and to the real property involved in this cause of action adverse to that of said Plaintiff by virtue of the following document recorded in the records of the Delaware County Clerk: A General Warranty Deed from JOHN E.AND DONA E. THOMASON, husband and wife, in favor of THE JOHN E. THOMASON AND DONA E. (LEACH) THOMASON TRUST, dated the 28" day of March, 1985, ROY L. THOMASON, SR., TRUSTEE, dated March 28, 1985, filed January 31, 1986 in Book 498 Page 431, which included: The West Half (W/2) of the Northwest Quarter (NW/4) of the Southwest Quarter of (SW/4) of Section 28, Township 20 North, Range 25 East, Delaware County, Oklahoma according to the U.S. Government Survey thereof, and is shown herein as Exhibit “B”. 4. The Plaintiff and its predecessors, have been for a period of more than forty-three (43) years in hostile, actual, open, notorious, exclusive, and continuous adverse possession of the land described herein, and it brings this action to quiet title to the said legal description contained herein in favor of the Plaintiff. 5. That the Court should judicially determine that the Defendants and each of them have no right, title or interest in or to the above described real property and that title to the above described surface real property should be quieted in the Plaintiff. WHEREFORE, premises considered, Plaintiff prays that the court judicially determine that the Defendants have no right, title or interest in or to the above described real property, and that title be quieted against the Defendants and each of them, in favor of the Plaintiff, and for such other and further relief as to which it may be entitled. Respectfully submitted, ee heey hpLr —— ~ nf Be . herton, OBA #00367 ridget Smith, OBA #19952 ——~~4739 E. 91" St., Suite 200 Tulsa, Oklahoma 74137 (918) 556-6336 Attorneys for the Plaintiff VERIFICATION STATE OF OKLAHOMA ) ) ss COUNTY OF TULSA ) SUSAN V. ATHERTON, of lawful age, being first duly sworn on oath, deposes and states: that she is the attorney for the above named Plaintiff in the above entitled Petition; that she has read the within and foregoing Petition and knows the contents thereof, and that the facts and statements set forth therein after true and correct to the best of her knowledge and based upon her information and belief, affiant makes this Verification on behalf of the Plaintiff, pursuant to Oklahoma Statutes, the facts being with the personal knowledge of the affiant. : ~ ach(od) 2 a SUSSA ¥: ATHERTON Subscribed and sworn to before ime, a Notary Public, this 29th day of January, 2024. My commission expires: PARR RORRORIERRR RRND Ook 2 OC Notary, Publio? web. JODY R. JUMPER rh ke ag ke ‘STATE OF OKLAHOWA Commission #14001785 iy Expires: 26 Feb2 ENNIS Posh i een es Kua TRACE IG eR (ndivdvel Form) ; JOINT TENANCY WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: THAT (OHNE. “THOMASON “and DONA E. THOMASON, husband and wife, port ies) of the Fiete port in consideration of the wm of ONE and no/l00 - - ~---------- dollars, ‘ond ather valucble considerations, In hond paid, the receipt of which is hereby ocknowledged, doles) hereby gront, bargain, sell ond convey uno_J+ QO» THOMASON and CECILE G. THOMASON, husband and wife, ——_—_—_—— Box 150, Siloam _Ro Springs, ute Arkansas _#47276) , 98 joint tenants and not as tenants in common, with the full rightsof survivorship, the whole extote to vest in the survivor in event of the death of either, porties of the second part, the folowing described reo! property ond premises situate in —Delaware ___ County, State of Oklahoma, to-wit: —~ The West Half of the Northeast Quarter of the Southwest Quarter and the East Half of the East Half of the Northwest Quarter of the Southwest Quarter of Section 28, Township 20 North, Range 25 East, and Wh NW SW and Wh El NWk SWk of Section 28, Township 20 North, Range 25 East, and the SW NW of Section 28, Township 20 North, Range 25 East, containing 100 acres, more or less. ay + . OF On 39 Siig in: AO ER ty “Len 2024 M9: 2 By Cousty Like together with all the improvements thereon and the opourtenances thereunto belonging, ond warrant the title the Poor’ some, TO HAVE AND TO HOLO seid described premises unto the said portias of the second part, os such Joint tenents-end to the hele and assions of the survivar, forever, fee, clear and discharged of ond from all former grants, cherges, taxes, jodo- ents, mortgages ond other liens and incumbrances of whatioever nature, EXCEPT Signed and: delivered this SOQ oy of October 19.80 Mo b na thom cota Dona E. T!honason e2 INDIVIDUAL ACKNOWLEDGMENT. state or_Qharerel ‘County of. Aotrleas ss, Before me, the undersigned, o Notary Public in ond for seid County ond State, on this a-H day op October 80 tly oppeorea_JOhN E. Thomason and ww “Dona Bs ‘Thomason, husband and wife, igs 230m sl Bee ‘Kdenticol person(s) who executed the within and foregoing instrument, end acknowledged to me thattis) seme oxlhiztstor! (their) free ond voluntary oct ond deed for the uses ond purposes therein set i ‘and ond seol the dey ond year last above written. forth. one Fyne Duty 2, 1902 __ Afaran, thacletaclel seroy reste tree pens, ote NOTE—The LOCAL AGENT for FIRST AMERICAN TITLE INSUE JRANCE COMPANY, Oklchoma 1 © courtesy and for their convenience. All legal Instrumente should be prepared or supervised City, furni yee tht frm to ATTORNEYS, by ATT FORNEY: Joint Tenancy, Warranty Meet Madiniteat asm £0503, ' i ExXHI6Ir "A." 4-2C13.007687 Book 2049 Py: 433 QUITCLAIM DEED O9109/2013 11:24 am _ Pg 0463-0464 Fee $18.00 Doc $0.0C Barbere Games « Palaware County Cork This indenture made this 6" day of September, 2013, between J. O. Thomason Thomason, husband and wife, Parties of the first part, hereinafter called party grantor, and Cecile Thomason and ‘Cecile Thomasor . Trustees and J. O. of the J, O. and Cecile Thomason Revocable Trust (U/D dated September6, 2013), party of the second part, party grantee. WITNESSETH: That in consideratio in of the sum of Ten and no/100 Dollars receipt of which is hereby acknowledged, said party grantor does, by these presents, quitclaim, grant, bargain, sell and convey unto said party grantee, the J. O. and Cecile Thomas on Revocable Trust (UD 09- 06-2013), its beneficiaries, its heirs,and as: signs, all of his right, title, interest, estate, and every claim and demand, both at law and in equity ty, in and to the following described real estate, situated in the County of Delaware, State of Oklahoma, to-wit: NW NW/4: Scetion 33, Township 20 North, Range 25 Eust, containing 40 acres, more or less; AND ‘The West Half of the Northeast Quarter of the Southwest Quurter and the East Half of che East Half of the Northwest Quarter of the Southwest Quarter of Section 28, Township 20 North, Range 25 East, and Wa NW4 SW4 and W4 Es NW SW of Section 28, Township 20 North, Range 25 East, and the SW NW+ of Section 28, Township 20 North, Range 25 East, containing 100 acres, more or less; AND The E 1/2 of the E 1/2 of the SW 1/4 of the SW 1/4 of Section 28, Township North, Range 25 East, EXCEPT a part thereof, described xs follows:20 Beginningat the SW corner of the said E 1/2 of the E 1/2 of the SW 1/4 of the SW 1/4 und running thence North 544.5 feet, Thence East 40 feet, Thence South 544.5 feet, thence West 40 feet to the point of beginning. This deed is exempt from documentary stamp tax (68 O.S. §3202.4). TO HAVE AND TO HOLD THE SAME, together with all and singular the tenement! we hereditaments and apaurtenances thereunto belonging or in any wise appertaining forever, so that neither the party of the first part nor any person in their name and behalf, shall or will hereafter ¢laim or demand any right or title to the said premises or any part thereof, but they and every one of them shall by these presents be excluded and forever barred. IN WITNESS WHEREOF, the said party grantor have hereunto sct their hands the day and year above written. G. - Le DP J. OFHOMASON CECILE THOMASON Eaibir "4-2" (-2013-007687 Bock 2049 464 0en09/2013 11 24am _ Pg 0483 Fee: .0464 $ 15.00 Ic" So0c Barbera Bames oleate: Coun STATE OF ARKANSAS ) ty Clerk ) ss ACKNOWLEDGMENT COUNTY OF BENTON ) On this & day of Septem! ber, 2013, came before the undersigned, a Notary Public within and for the county aforesaid, di luly commissioned and acting, J. O. Thomason and Cecile husband and wife, to me well known, satisfactorily proven, Thomason, and stated that they had executed the foregoing Quitclaim Deed for the consideration and purposes therein mention ed and set forth. Witess my hand and seal as such Notary Public this 6” day of ‘Septem ber, 2613. fd. Notary Public My Commission No, 12383162 Ory Expires August 20, 2021 246 os ca MAIL TAX STATEMENT 10: J. O. and Cecile Thomason, Trustees 20079 E. 578 Rd. 1s Qdaryer Colcord, OK 74338 Prepared by Dena C. Dickinson, Attomey P.O. Box 248, Siloam Springs, AR 72761 een sss SSRAAYAAUSANENAAA NINN ANNDA ANTI ATAATTAAATALSI sii, WTR NAAMORRIN mst Sof Printing & Seaionery Cog Tele, Otte zg see 498 Pat 434 SIME Oty) ge Genera Warranty Beed ap COUN! (Oxsanema Srareresy Foam) 85 JA ve Hous ‘THIS INDENTURE: Made on 26", . D, 1985_ berween, —JOUN_E, AND DONA E. THOMASON, ji Tenat husband and wife, Joint — _—. e SINE = NE NZ called party grantor (whether ove or more) Ce, inthe Sie of Otlshoms, Delaware ——— ee par_Lea.. of the fint part, herti fer and. THE JOHN E. THOMAS SON_AND DONA LEACH) THOMASON TRUST, dated 28th day of _ March, 1985, ROY ee TH + SR., Truste ——-Pitty ofthe second pert, pany greatee, WITNESSETH, ‘That in considofera valuable consi iderations. the vomtio of, nTen. ~G310.0 0) Dollars and orher good and __ an a - receipt of which is hereby sckaomledged, wld party grantor ---DOLLARS, docs by thew Presents, grant, bargsis, sell and convey uate Pony grimtee, Ape im and avign, all of the followiog deuibed real exate, mid ——-Delavare situate d fa the County of rate of Otlahoms, to-wit: “The..West,(ld/2) Halfof. x3 Quarter and the West (4/2) ~the.. Sauthwese,,, (SW14)_Quarter_of the. Hal rthvest, (WW/4) Quarter ot gaid South- west, (SH/4) Quarter anc athe. Hest. H/2)_ (NW/4) Quarter of che S of the ts (SW/4) Quarter of Section 28, Township 20 225 Torch, Section 28, T20N, R25E i ip_s piece ect or arcel of Lan “Noren Tite or sataW/ZSW7a! e County, OK. Desert! bed a9 follows: Begi: WLUSHL4 of Xv IZ > MEIC NEIO S *2E6"E along aning at the A2SUL4SH/4,..chence-S02205. 'B-elong-the-Bast—tine-of-; a Nore} ineoF said” +13", thence Southvester: dy_ona_cu to the rve vandtstance distance of 658. . 91 feet to a potat left. 323 NE ~~ EReRE OS 21 W ‘along Bali 1 est Tine on the West line of id W/2SW/4SW/4 we -@toningy: " “S2N31 Feet to po. iwraSH/ at of be~ ee se a tn nn - TO HAVE. iD TO HOLD THE sami 1E, together with nn thercio beloaging or in say wine eppertsini all and singular the tenement, hesedi itaments and apperensece ing forever, And wid pany grantor, AL hheicy executor and admuialetratory docs het -Dona_E... Thomason,husband. LE Jot Prevente that____they tb ts prome and agree to and with wuld party grant es, at th Q> g inberitince ia tee simple, cof tod iav—eone-l awetully seized in their. on right of an shrolte agi iZ tame are free, clear, and dislischarged all ‘u ad singulsr the abore gran nenc ‘eh aucarnents ond encumbrances, of whatever nature frombe of umand allre formerdand otherPremises, with the app green cj that 2 tt grant, titles, chargys, and hind, EXCEPT: Escment sod bailding Jidgmeysi, and special aucaanenss not yet dues rele ‘teat — te toyoe WARRANT | iD FOREVER DEFEND #t same unt he anid party nnn grantee, vnnand the arty grantorwill B again ssid party a ranvor, Chet ts. cia and srigns, Zi (oF 19 elaiim aan, “Acie oF swigue and all and every perton ar penans whomrocrer Jn vwtally claiming IN WITNESS WELEREOF, ‘the wid party grantor, above writ a, ha VE hereumocettR@Le. hand s the day and yeu se gat ho a — aoe wee f.. j--- Pare latbereae — oe mi ‘OF, OKLAHOMA, 2 (Oklehome Form of Aeknectodgment) Ne Belote‘ng, lentiened, iBg a . PAM 4 Notiy Public, ted for wid Cousty and Sute, 3. penonilly speared John E.. Thomas on this. dayof 2e% axa -husbaid-“and ona. an mason, wife, Joint Tenan rs. 'o-me Known to be the identical peroas.. whho ———-—~ g gzg SX. erecuied the sume as. thed E..—executed the within and foregoing i intrament, and actaowledged to 2. Given under my hand snd veil of offi ce the free and volunt ary set and me that day end year stove writes, deed for the wes ood parpouthere esin set forth, gi Mr commiion expire. 279 YAQ@ ae & ASMA IM MAMMIANKIANNIIRAAHRARNANANRANALENAT F AAANANNNNSANA ALREANLA LAUR RE 2 S A AVR NE SAR E EUR ANI WNAN A Z£xHb)T "BB"