Okla. Stat. tit. 12, § 12-1141
This is the official text of Okla. Stat. tit. 12, § 12-1141, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Action to quiet title - Sham legal process
Official statutory text
A. An action may be brought by any person in possession, by
himself or tenant, of real property against any person who claims an
estate or any interest therein adverse to the person bringing the
action for the purpose of determining such adverse estate or
interest, and such action may be joined with an action to recover
possession of such real property by any person not in possession.
The person or persons bringing such action shall not be required to
allege the particular estate or interest claimed adversely by the
person or persons against whom the action is brought, but may allege
that the defendants' claim is adverse to that of the plaintiffs.
B. If an action is brought to quiet title alleging that the
adverse claim is sham legal process, as defined by Section 1533 of
Title 21 of the Oklahoma Statutes, the court may award costs and
reasonable attorneys fees to the prevailing party. If the plaintiff
prevails in the action, the court shall order the defendant to pay
the plaintiff three times the damages that the plaintiff may have
sustained as a result of the sham legal process. A quiet title
action pursuant to this subsection shall be independent of any
criminal action that may be filed against the defendant, and there
shall be no requirement that the defendant in such an action be
convicted of any criminal act.
R.L. 1910, § 4927. Amended by Laws 1910-11, c. 10, p. 25, § 1; Laws
1957, p. 82, § 1, emerg. eff. June 1, 1957; Laws 1983, c. 33, § 1,
eff. Nov. 1, 1983; Laws 1997, c. 405, § 5, emerg. eff. June 13,
1997; Laws 1998, c. 57, § 1, emerg. eff. April 7, 1998; Laws 2000,
c. 147, § 6, eff. Nov. 1, 2000.
himself or tenant, of real property against any person who claims an
estate or any interest therein adverse to the person bringing the
action for the purpose of determining such adverse estate or
interest, and such action may be joined with an action to recover
possession of such real property by any person not in possession.
The person or persons bringing such action shall not be required to
allege the particular estate or interest claimed adversely by the
person or persons against whom the action is brought, but may allege
that the defendants' claim is adverse to that of the plaintiffs.
B. If an action is brought to quiet title alleging that the
adverse claim is sham legal process, as defined by Section 1533 of
Title 21 of the Oklahoma Statutes, the court may award costs and
reasonable attorneys fees to the prevailing party. If the plaintiff
prevails in the action, the court shall order the defendant to pay
the plaintiff three times the damages that the plaintiff may have
sustained as a result of the sham legal process. A quiet title
action pursuant to this subsection shall be independent of any
criminal action that may be filed against the defendant, and there
shall be no requirement that the defendant in such an action be
convicted of any criminal act.
R.L. 1910, § 4927. Amended by Laws 1910-11, c. 10, p. 25, § 1; Laws
1957, p. 82, § 1, emerg. eff. June 1, 1957; Laws 1983, c. 33, § 1,
eff. Nov. 1, 1983; Laws 1997, c. 405, § 5, emerg. eff. June 13,
1997; Laws 1998, c. 57, § 1, emerg. eff. April 7, 1998; Laws 2000,
c. 147, § 6, eff. Nov. 1, 2000.
Status: in_force · Read it on the official government site
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