DAVIS v. MAYBERRY

No. 107,035. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1.

241 P.3d 663 (2010)

2010 OK CIV APP 94

L.G. Sam DAVIS, Plaintiff, v. Eddie P. MAYBERRY, Jacob Barnett, William Barnett, Edward Barnett, Lydia Taryole, Norma Jean Waggoner, Pauline Starr, now Proctor, Bertha Ogle, Elliott Ryal, Eliza Starr, Smiley Barnett, Amos Barnett, Joseph Barnett, James Ryal, Geronimo Starr, Millie Starr Yardy, a/k/a Nellie Starr Yardy, Amos Starr, Katie Barnett and Jimmie Starr, each living and if deceased, their unknown successors, Roger Thomas Canard, Executor of the Estate of Leona Starr Fier Canard, deceased, State of Oklahoma, ex rel., Oklahoma Tax Commission, Kathy Anglin, Successor to Dessa Hammontree, Creek County Treasurer, and United States of America, Defendants, and Donal R. Mayberry and Sharon Y. Mayberry, Husband and Wife, Defendants/Cross-Petitioners/Appellants, and Solomon Lee, Jr., Shirley Mae Lee Hill, Sidney Lee, Samarian Lee, now Jackson, Simeon Lee, a/k/a Chaperney Lee, Sandra Lee, now Frazier, Suzanna Lee, now Randall a/k/a Suzanne Lee, now Randall, Sharon Lee now Frazier, and Sylvia Lee now Tulsa, Defendants/Cross-Defendants/Appellees.

Court of Civil Appeals of Oklahoma, Division No. 1.

Certiorari Denied September 20, 2010.


Attorney(s) appearing for the Case

Sam T. Allen, III , Loeffler, Allen & Ham, Sapulpa, OK, for Defendants/Cross-Petitioners/Appellants.

Jessie Huff Durham , U.S. Department of the Interior, Tulsa, OK, for Defendant/Appellees.


CAROL M. HANSEN, Judge.

¶ 1 In 1992, Plaintiff, L.G. Sam Davis, filed a petition in this case seeking to quiet title and partition a 160 acre tract of property in Creek County:1

The Northeast Quarter (NE/4) of Section 7, Township15 North, Range 8 East [the property]

¶ 2 In October 1994, while the case was pending, Donal R. Mayberry (Appellant) purchased a tax sale certificate...

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