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§ 85.7. Adverse claimants

Oklahoma Statutes AnnotatedTitle 4. Animals

Oklahoma Statutes Annotated
Title 4. Animals (Refs & Annos)
Chapter 4. Estrays
Taking up and Keeping
4 Okl.St.Ann. § 85.7
§ 85.7. Adverse claimants
In the event that there is more than one (1) claimant to any estray after the publication of the notice, as provided by this act,1 and if a contest or controversy ensues as a result of adverse claimants, then after the publication the sheriff shall certify the matter to the district court of the county in which the estray is taken up, and the small claims division of the district court shall docket said matter in a proper docket supplied by the county for such purpose, and the claimants shall have ten (10) days from the date of such docketing of said matter to file affidavits in support of their several claims. The district court shall also have the right and authority to hear oral testimony at any reasonable time on notice to the claimants to determine the ownership of such estray, and after said hearing the district court shall enter a finding determining the ownership of said estray. Such finding shall have the same effect and force as a judgment and shall be appealable as other matters from the district court but such appeals shall be taken within ten (10) days. In the event two (2) or more claimants are found to be the owners of such estrays, the expenses incurred by the taker-up shall be assessed pro rata to the owners. They shall jointly pay for the keeping of such estrays as is customary in the community for pasturing, feed and keeping of such animals, together with the cost of the proceeding including publication costs.

Credits

Laws 1970, c. 165, § 7.

Footnotes

Title 4, § 85.1 et seq.
4 Okl. St. Ann. § 85.7, OK ST T. 4 § 85.7
Current with emergency effective legislation through Chapter 106 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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