invoked in the manner following: In any action which relates to or
the subject matter of which is such real property, or for the
determination in any form of any interest, right, title or estate
therein, or in which the relief demanded consists wholly or partly in
excluding the defendants or any of them from any interest, right,
title or estate therein, the plaintiff may allege, among other
things, in his petition, the facts showing such testamentary devise,
or grant of, or intestate succession to, such real property, and
(regardless of whether they or any of them be living or dead) the
names as he is informed and believes, all of the devisees, or
grantees, or heirs at law, as the case may be, who take or were
entitled to take such real property and the proportion or part which
each takes or was entitled to take therein, immediately under such
devise, or grant, or intestate succession; and he may make all such
devisees, or grantees, or heirs at law, their heirs, executors,
administrators, devisees, trustees and assigns, parties defendant in
such action under the description, and have service of notice by
publication upon them under such description, to-wit: "The heirs,
executors, administrators, devisees, trustees and assigns, of
__________ deceased." (Naming such testator, or intestate, or the
person stated in such deed or patent to be deceased, as the case may
be.
Added by Laws 1919, c. 261, p. 371, § 1. Amended by Laws 1965, c.
27, § 1.
§84-258. Judgment.
Upon the trial of hearing, and accordingly as the proof or the
state of the pleadings warrant, the court shall find and adjudge the
name and individual identity of each and all the persons who take or
were entitled to take such real property and the proportion or part
thereof which each takes or was entitled to take, immediately under
such testamentary devise, or grant, or the law of succession, as the
case may be, describing such testamentary devise, or grant, or naming
such intestate.
Added by Laws 1919, c. 261, p. 372, § 2.
§84-259. Conclusiveness of judgment.
Such decree or judgment shall be conclusive as to the rights of
such devisees, or heirs at law of such deceased person, or grantees
in such deed or patent, and of their heirs, executors,
administrators, devisees, trustees, and assigns, immediate and
remote, in and to such real property and every part thereof, subject
only to be reversed, or set aside, or modified, on appeal, or to be
opened and they or any of them let in to defend upon the same terms
and with like effect, as provided in section 4728, article 6, chapter
60, of the Revised Laws of Oklahoma 1910, Laws 1919, c. 261, p. 372,
Sec. 3.
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