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§ 177.1. Judgment against unknown heirs or devisees--Judgment against party served by publicati...

Oklahoma Statutes AnnotatedTitle 12. Civil Procedure

Oklahoma Statutes Annotated
Title 12. Civil Procedure (Refs & Annos)
Chapter 6. Commencement of Action
12 Okl.St.Ann. § 177.1
§ 177.1. Judgment against unknown heirs or devisees--Judgment against party served by publication
No judgment heretofore or hereafter rendered in any action against unknown heirs or devisees of a deceased person shall ever be construed, or held to be, either void or voidable upon the ground that an affidavit of the plaintiff to the effect that the name of such heirs or devisees, or any of them, and their residences, are unknown to the plaintiff, was not annexed to his petition; and all such judgments, if not otherwise void, are hereby declared to be valid and binding from the date of rendition.
No judgment heretofore or hereafter rendered in any action against any person or party served by publication shall be construed or held to be void or voidable because the affidavit for such service by publication was made by the attorney for the plaintiff or because the petition or other pleading was verified by the attorney for the plaintiff or party seeking such service by publication. In all such cases it shall be conclusively presumed, if otherwise sufficient, that the allegations and statements made by such attorney were and are in legal effect and for all purposes made by plaintiff and shall have the same force and effect as if actually made by the plaintiff. All such judgments, if not otherwise defective or void, are hereby declared valid and legally effective and conclusive as of the date thereof as if such affidavit was made or the petition or pleading was verified by the plaintiff or other party obtaining such service by publication. Provided further, that nothing in this act1 shall be construed to affect any litigation now pending in any courts of the State of Oklahoma on the effective date of this act.

Credits

Laws 1947, p. 79, § 3; Laws 1957, p. 80, § 1.

Footnotes

Laws 1957, p. 80, amending this section and adding Title 12, § 177.2.
12 Okl. St. Ann. § 177.1, OK ST T. 12 § 177.1
Current with emergency effective legislation through Chapter 90 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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