[Download] "Melton v. Goodman" by Supreme Court of the State of Oklahoma # eBook PDF Kindle ePub Free
eBook details
- Title: Melton v. Goodman
- Author : Supreme Court of the State of Oklahoma
- Release Date : January 29, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
1 P.W. Goodman instituted this action in the District Court of Bryan County on October 6, 1955, against P.A. Melton and others to establish and quiet title to an undivided interest in two tracts of land, one of 72 1/2 acres and the other 2 1/2 acres. The lesser tract is not involved in this appeal. Plaintiff also prayed for a judicial determination of the heirs of certain persons, former title holders or claimants of interests in the land, and prayed for recovery of judgment for delinquent taxes paid on the land and for partition of the land. P.A. Melton filed an answer and cross-petition wherein he denied generally the allegations of plaintiffs petition, and alleged that he and his predecessors in title had been in absolute peaceable, open and notorious possession of the land for 15 years, and plead the statute of limitation as a defense, and for cross-action against plaintiff and other defendants alleged that he, cross-petitioner, acquired title to the land involved by virtue of a quit claim deed dated December 7, 1942, executed by Porter Newman, and by prescription, and alleged that whatever interest any of the other parties may have had in the land was barred by the 15 year statute of limitation, 12 O.S. 1951 § 93 [12-93], and prayed that his title to the land be quieted against the claims of the plaintiff and all other defendants. A reply to the defendants answer and cross-petition was filed by plaintiff and trial of the issues was had before the court. Findings of fact and conclusions of law were made and judgment rendered in favor of the plaintiff, Goodman, against the defendants, Melton and others, adjudging and decreeing the plaintiff to have title to a share and undivided interest in the land, and further found and adjudged the defendant, Melton, to own and hold an undivided share and interest in the land, and quieted title to the land in the several parties according to their respective interests, and awarded judgment to plaintiff for certain delinquent taxes which he had paid in the sum of $697 covering a period from 1940 to 1954, inclusive, and appointed commissioners to partition the land. On denial of the motion for a new trial filed by defendant Melton, he appealed.