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.
Notes of Decisions
Cited in
24
cases, 1953–2013 · leading case:
Head v. McCracken, 2004 OK 84, 102 P.3d 670.
Head v. McCracken, 2004 OK 84, 102 P.3d 670.
· cites it 5× “The respondent receives the notice and refuses to take the action requested in the notice, then in the event that the re-questor files an action to quiet title to the subject parcel pursuant to [12 O.S. § 1141], and the civil action results in a judgment for the plaintiff which…”
Stump v. Cheek, 2007 OK 97, 179 P.3d 606.
· cites it 2× “[2] Title 12 O.S.2001 § 1141(A) provides: 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…”
Krosmico v. Pettit, 1998 OK 90, 968 P.2d 345.
“A trial action to quiet title, such as Krosmico’s, is pursuant to 12 O.S.1991 § 1141. Id. 2 . The north side of Lot 1 of Block 86 forms a portion of the north side of one of the Zellar property boundary fences.”
I.C. Gas Amcana, Inc. v. Hood, 855 P.2d 597 (Okla. 1992).
“Thus, under 12 O.S.1991, § 1141, we find that those attorneys fees attributable to the quiet title action are properly recoverable by Hood.”
Woodrow v. Ewing, 263 P.2d 167 (Okla. 1953).
“The trial court’s judgment contains the following specific finding: “That the plaintiffs through their grantor, and tenant, Joe Cunningham, were in the absolute and exclusive possession of the property involved herein at the time of the commencement of this action * * Our…”
Volvo Com. Fin. LLC the Americas v. McClellan, 2003 OK CIV APP 27, 69 P.3d 274.
“2d 626 , that "all matters affecting the title of the parties [to a quiet title action under 12 O.S. § 1141] may be litigated and determined, and the judgment rendered therein is final and conclusive as against the parties thereto and their privies.”
Repub. Fin. Corp. v. Mize, 682 P.2d 207 (Okla. 1983).
· cites it 3× “They base this claim on 12 O.S.1981, § 1141, and numerous case authorities.”
Crain v. Farmers United Coop. Pool, 472 P.2d 882 (Okla. 1970).
· cites it 2× “Crain alleged that the unknown adverse claims of the defendants were a cloud upon the plaintiff’s title, prayed that the defendants appear and assert their adverse claims or be forever barred from asserting them, and that her title be quieted. Farmers was personally served with…”
Gottsch v. Ireland, 358 P.2d 1097 (Okla. 1961).
“, located in Woods County, Oklahoma, which is the subject matter of this litigation and which descended under the laws of succession of this State in equal undivided shares to his two brothers, Thomas Ireland and Steve Ireland.”
Chapman v. Tiger, 356 P.2d 571 (Okla. 1960).
“Furthermore, the answer and cross-petition of the defendants alleged a cause of action in the nature of ejectment for possession of the land in question and to quiet title thereto.”
Wootten v. Askew, 668 P.2d 1123 (Okla. 1983).
“The Bates decision, having no retroactive effect, and undermined as it is by amendment to 12 O.S.1981, § 1141 1 and Crain, supra, should not have been applied.”
Okla. Stat. tit. 12, § 1141(A): 1 case
Stump v. Cheek, 2007 OK 97, 179 P.3d 606.
“[2] Title 12 O.S.2001 § 1141(A) provides: 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…”
Okla. Stat. tit. 12, § 1141(B): 1 case
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