D. PAYNE, Inactive, ENNID FERGUSON And you may LEE PAYNE, PLAINTIFFS By mistake, v
Towards January 20, 1950, Lena and you will R
¶0 Notice by Heirs, an such like. off R.D. Payne, Dry, while others (defendants) off a judgment quieting identity so you’re able to places during the Executor out-of House regarding Lena Payne, dead. Foundation off view is actually that in things the causes expressed by Lena Payne to Roentgen.D. Payne was in fact gotten by joint business out of each other inside the concept of 84 O.S. 1961 § 213 , Subd. 2. Confirmed.
¶step 1 The fresh new Heirs, Executors, Administrators, etc., out of R.D. Payne, Dry, Ennid Ferguson and you may Lee Payne (defendants from the trial judge) attract regarding a wisdom made and only Alexander Linder Seay, Executor of Home away from Lena Payne, Lifeless (plaintiff lower than) for which this new term to a large region of residential property are quieted for the plaintiff and you can up against the defendants. The latest parties might be known from the the demo court designation or by-name.
¶dos The primary concern showed within this attention is whether the newest countries was basically gotten of the combined business of Lena Payne and the lady second spouse Roentgen.D. Payne, given that given regarding the Second Subdivision away from 84 O.S. 1961 § 213 .
¶step three Lena Payne, formerly Seay, and you may Alexander Linder Seay, was to start with the brand new widow and you can boy correspondingly away from Oscar Seay, out of exactly who it acquired, because of the inheritance or devise, a ranch comprising of a lot miles out of land. In January, 1945, Lena married Roentgen.D. Payne. In the course of the wedding the only possessions owned by R.D. Payne are their auto and many private effects.
¶4 For the Oct 29, 1946, Lena indicated to help you R.D. Payne, to own “One-dollar, in hand paid down, * * * or any other a good and rewarding factors,” a-one-1 / 2 of demand for 900 miles out-of property. Leia mais