Oklahoma § 84-275 - Parties - Trial and judgment - Costs

§ 84-275. Parties - Trial and judgment - Costs

All persons named in such petition as tenants or persons in

actual possession, or claimants of the property, or any part of the

same, may appear and plead to such proceeding, and therein may

Oklahoma Statutes - Title 84. Wills and Succession

traverse the facts stated in the petition, the title of the state to

the lands and property therein mentioned as in other civil cases,

and any person claiming an interest in such estate may appear and be

made a defendant, and plead as in other cases, except such

appearance must be made within or at the expiration of thirty (30)

days from the first publication of the notice hereinabove mentioned,

except on order of the court. If no person after notice as

aforesaid shall appear and plead within the time prescribed by law,

which shall not be less than thirty days after the first publication

of notice, judgment shall be rendered by default in behalf of the

state; if any person appear and deny the title set up by the state,

or traverse any material fact in the petition, issue shall be made

up and tried as other issue of fact; and if after the issues and

trial it appears from the facts found or admitted that the state has

good title to the property, real or personal in the petition

mentioned, or good right thereto, or any part thereof, judgment

shall be rendered that the state shall be seized and possessed

thereof, and a writ for the possession shall be awarded and executed

as in other cases, and at the discretion of the court the state may

recover costs against the defendants, which costs shall include a

reasonable amount for attorney's fees. If it appears that the state

has no title to such property the defendant or defendants shall

recover their costs, to be taxed and certified by the clerk, to the

State Treasurer, upon which such certificate such State Treasurer is

authorized to cash the same out of any monies in his hand not

otherwise appropriated.

R.L.1910, § 8440; Laws 2005, c. 421, § 6, emerg. eff. June 6, 2005.