Okla. Stat. tit. 16, § 16-62

of title as reflected by county records and by decrees and

judgements of courts.

(a) Any purchaser for value acquiring an interest in real estate

from one who claims such interest, immediately or remotely, under a

conveyance of record for ten (10) or more years in the records of

the county wherein the land is located prior to such purchase shall

acquire a valid and marketable title to such interest as against any

person claiming adversely to such recorded conveyance for any of the

following reasons: (1) that such conveyance was executed by an

incompetent person, unless the county court records in the county

wherein the land is located, or the county records therein, reflect

the appointment of a guardian prior to said deed, or a judicial

Oklahoma Statutes - Title 16. Conveyances Page 21

determination of the incompetency of the grantor, in which event

Sections 61 through 66 of this title shall not apply, (2) that such

conveyance was executed by a corporation to an officer thereof,

which fact may or may not appear on the face of the deed, without

proper authority therefor being had by the officers executing said

conveyance, (3) that such conveyance was executed by an attorney in

fact under a recorded power of attorney which power had terminated

by reason of matters not affirmatively shown in the county records,

or (4) that such conveyance was never delivered; Provided, however,

this section shall not apply as against such person claiming

adversely to any such conveyance for any of the foregoing reasons if

prior to such purchase, or within one (1) year from October 27,

1961, the effective date of Sections 61 through 66 of this title, or

from the effective date of Section 62, as amended, of this title,

whichever later occurs, such person shall have filed of record in

the county wherein the land is located a notice setting forth his

claim and the basis thereof; and provided, further, that this

section shall not apply as against any person in possession of the

land either by occupancy or by occupancy of a tenant at the time

such purchaser acquires his interest.

(b) Any purchaser for value acquiring an interest in real estate

from one who claims such interest, immediately or remotely, by or

through a conveyance from one purporting therein to be a guardian,

executor, or administrator, which conveyance has been of record for

ten (10) or more years in the county wherein said land is located

prior to such purchase, and which conveyance either has the approval

of the court endorsed upon it, or has been confirmed by an order of

the court, shall acquire a valid and marketable title to such

interest to the full extent that such conveyance purports to convey

the same as against any of the following persons: (1) any ward or

wards named in said conveyance, his or their heirs, devisees,

representatives, successors, or assigns, (2) the State of Oklahoma

or any other person claiming under the estate of any decedent named

in said conveyance, the heirs, devisees, or representatives of such

decedent, their successors, or assigns, or any creditors of said

decedent; Provided, however, that this section shall not apply to

any person mentioned in (1) or (2) above who for any reason claims

adversely to such conveyance, or contends that such conveyance did

not divest him of his interest as purported by such conveyance if

prior to such purchase, or within one (1) year from October 27,

1961, the effective date of Sections 61 through 66 of this title, or

from the effective date of Section 62, as amended, of this title,

whichever is the later, such person shall file of record in the

county wherein the land is located a notice setting forth his claim

and the basis thereof; Provided, further, this section shall not

apply as against any person in possession of the land, by occupancy

Oklahoma Statutes - Title 16. Conveyances Page 22

or by occupancy of a tenant, at the time such purchaser acquires his
his title,

whichever is the later, such person shall file of record in the

county wherein the land is located a notice setting forth his claim

and the basis thereof; Provided, further, this section shall not

apply as against any person in possession of the land, by occupancy

Oklahoma Statutes - Title 16. Conveyances Page 22

or by occupancy of a tenant, at the time such purchaser acquires his

interest.

(c) Any purchaser for value acquiring an interest in real estate

from one who claims such interest, immediately or remotely, by or

through (1) any decree of distribution or of partition in a

decedent's estate entered by and of record in a court of the county

wherein the land is located for a period of ten (10) years prior to

such purchase, or (2) any such decree entered by a court for any

county in this state which decree has been of record in the county

wherein the decree was entered or in the deed records of any county

or counties in which any part of the land or lands is located for a

period of ten (10) years prior to such purchase, shall acquire a

valid and marketable title to such interest as against any claim or

interest of the estate of said decedent or any heir or devisee, his

successors or assigns, of said decedent or any creditors of said

decedent; Provided, however, this section shall not apply if prior

to such purchase, or within one (1) year from October 27, 1961, the

effective date of Sections 61 through 66 of this title, or from the

effective date of Section 62, as amended, of this title, whichever

later occurs, such heirs, devisee, or representative of such estate

files of record in the county wherein the land is located a notice

setting forth the nature of his claim; Provided, further, this

section shall not apply as against any person claiming adversely to

such decree who is in possession of the land by occupancy or by

occupancy of a tenant, at the time said purchaser acquires his

interest.

(d) Any purchaser for value acquiring an interest in real estate

from one who claims such interest, immediately or remotely, by or

through any of the following muniments: (1) a sheriff's or

marshal's deed executed pursuant to an order of a court having

jurisdiction over the land affected confirming a judicial sale or

directing the issuance of such deed, (2) any final judgment of a

court having jurisdiction over the land affected determining and

adjudicating the ownership of such land or any interest therein or

partitioning same, (3) any conveyance by a receiver executed

pursuant to an order of any court having jurisdiction and directing

issuance thereof or directing a sale of such land or any interest

therein, (4) any conveyance executed by a trustee or purported

trustee referring to a trust agreement or referring to named

beneficiaries or otherwise indicating the existence of an express

trust where the trust agreement has not been recorded in the county

where the land is situated, (5) a purported certificate tax deed or

resale tax deed executed by the county treasurer of the county

wherein the land is located; which muniment, if a conveyance has

been of record in the county wherein the land is situated for a

period of ten (10) years prior to such purchase, or, if a judgment

has been entered for a period of ten (10) years prior to such

Oklahoma Statutes - Title 16. Conveyances Page 23

purchase and, where such judgment is entered by a court outside the

county where the land affected is located, has been recorded in the

records of the court clerk or county clerk of the county in which

such land is located, shall acquire a valid and marketable title to

such interest as against the claims of the following: (A) any

person or the heirs, devisees, personal representatives, successors

or assigns of such person who was named as a defendant in the

judgment preceding the sheriff's or marshal's deed referred to in
he

records of the court clerk or county clerk of the county in which

such land is located, shall acquire a valid and marketable title to

such interest as against the claims of the following: (A) any

person or the heirs, devisees, personal representatives, successors

or assigns of such person who was named as a defendant in the

judgment preceding the sheriff's or marshal's deed referred to in

subparagraph (1) above and whose rights or claims were not preserved

by the terms of such judgment and who claims an interest by reason

of any defect, jurisdictional or otherwise, in the proceedings

resulting in such judgment, (B) any person or the heirs, devisees,

personal representatives, successors or assigns of such person who

was named as a defendant in the judgment referred to under

subparagraph (2) above and whose rights or claims were not preserved

by the terms of such judgment and who claims an interest by reason

of any defect, jurisdictional or otherwise, in the proceedings

resulting in such judgment, (C) any person or the heirs, devisees,

personal representatives, successors or assigns of such person who

was named as a defendant or owner or party in interest in the

proceedings referred to in subparagraph (3) above, (D) any person or

the heirs, devisees, personal representatives, successors or assigns

of such person who claims as a settlor, trustee or beneficiary or

by, through or under such settlor, trustee or beneficiary of the

trust referred to in subparagraph (4) above, (E) any and all owners

or claimants of such land or interest therein whose ownership or

claim originated prior to such deeds as are referred to in

subparagraph (5) above and the heirs, devisees, personal

representatives, successors or assigns of such owners or claimants;

Provided, however, this section shall not apply as against any such

person claiming adversely to such muniments set forth hereinabove if

prior to such purchase, or within one (1) year from October 27,

1961, the effective date of Sections 61 through 66 of this title, or

from the effective date of Section 62, as amended, of this title,

whichever later occurs, such person shall have filed of record in

the records of the county wherein the land is located a notice

setting forth his claim and the basis thereof; Provided, further,

that this section shall not apply against any person claiming

adversely to such muniment who is in possession of the land by

occupancy or by occupancy of a tenant at the time said purchaser for

value acquires his interest. The State of Oklahoma and its

political subdivisions or a public service corporation or

transmission company which has facilities of service installed on,

over, across or under any part of the land shall, to that extent, be

deemed to be in possession thereof for purposes of the foregoing

provision.

Oklahoma Statutes - Title 16. Conveyances Page 24