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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@
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