On 2/11/05 and in light of the refusal of LeFlore County officials to do their duty and abate from county property the public nuisance that was The Fence of LeFlore County, Oklahoma, Barbara Ellison contracted with a private individual to do the job for them.

Ms. Ellison executed a notarized authorization for the removal of the public nuisance from both the county right-of-way and the private nuisance from her property, as is her right under the Oklahoma Statutes, Title 50, Chapter 1, Sections 2, 3, 8, 12, 13, and 14. For reference see the applicable Oklahoma Statutes

Owing to scheduling issues the actual abatement of the nuisance was not performed until 3/14/05. Abatement work commenced during the early afternoon and continued until the early evening hours by which time the entire Fence of LeFlore County, Oklahoma had been abated.

Reports from the scene indicated that approximately mid-way through the abatement process LeFlore County Undersheriff Bruce Curnutt and Deputy Wes Ritter arrived on the scene, possibly in record time and numbers, in response to a call for assistance near the vicinity of the Ellison property.

Eye witnesses to the day's events indicate that Undersheriff Curnutt surveyed the situation and 'took names and addresses', for what purpose one can only speculate. No law was being broken and there was no need for law enforcement personnel at the scene of the abatement effort, unless of course those public servants were there to pitch in and help with the labor required to remove a public nuisance from county property. Evidently neither man was interested in helping, as both departed in short order. However eye witness accounts indicate that shortly after the 'name and address taking' session Undersheriff Curnutt was seen in the vicinity of the general store adjacent to the Ellison property. The purpose of his presence there is unknown to this writer.

As work continued on the abatement of The Fence of LeFlore County, Oklahoma a county resident was in the process of filing a small claims lawsuit at the LeFlore County Courthouse in Poteau, OK. For additional info on this legal action see Reference 19

In the referenced lawsuit a claim is made in the amount of $2,000 allegedly owed for the destruction of a fence, although the location of said fence is not specified in the claim. Additionally, the defendants named in the referenced lawsuit just happened to be those individuals performing the work under contract with Barbara Ellison.

This of course leaves one to speculate upon how the plaintiff so quickly learned not only the names but also the addresses of those persons against whom the small claims action was initiated. This is particularly the case in light of the fact that one of the three defendants resides in another part of the state. It is also noteworthy that Barbara Ellison, who contracted for and ordered the abatement of the nuisance, was not named as a defendant in this case.

The small claims lawsuit, LeFlore County District Court Case SC-05-114 was originally scheduled for trial on April 6, 2005 but was rescheduled for 5/11/04 before LeFlore County Special Judge Jeff Mixon. Judge Mixon, as was pointed out in Part 1 of This Bubbaworld Special , is the former assistant district attorney for LeFlore County who is known for getting the Great Seal of Oklahoma upside-down on his official correspondence. For reference see Letter 1.

The on-line records for the LeFlore County District Court indicate that the plaintiff was represented by Belva Barber of Poteau, OK. No attorney of record is indicated for the defendants. The on-line court records of this case are available via a search at Oklahoma District Court Records.

On the scheduled trial date, the Plaintiff's attorney of record, Belva Brooks Barber, of Poteau, OK, on behalf of her client, filed with the LeFlore County District Court a dismissal of the small claims action against the three defendants, all of whom had disrupted their lives to attend the small claims hearing and one of whom made a round trip of hundreds of miles to appear. For a copy of this filing see Reference 20.

While in the opinion of this writer the small claims suit referenced above was a foolhardy endeavor in its own right, it was clearly destined to fail had it not been dismissed. This owing to the "best evidence" which would have come to the front had this case made it to trial. Although the plaintiff 'bellied up' and dismissed the suit before trial, the crushing evidence which, in the opinion of this writer, would have doomed the plaintiff's case to defeat still exists. A small part of that evidence is being presented below.

On 11/19/1998 Cynthia Elmore signed a mortgage agreement with Belva Brooks Barber, of Poteau, OK. The mortgage document contains, in agonizing detail, the exact specifications of the then Elmore property. To view a copy of the Elmore to Brooks mortgage see Reference 21.

On 2/01/1999, Belva Brooks Barber signed a Release of Mortgage on what was then the Elmore property. The mortgage release document contains in agonizing detail the exact specifications of the then Elmore property. A copy of the mortgage release is being made available as Reference 22.

A comparison between the property specifications contained in the mortgage contract and the mortgage release reveal an exact match. Therefore we know the specifications of the then Elmore property did not change while under mortgage.

On June 9, 1999 Barbara Ellison purchased from Cynthia Elmore what is now the Ellison property. Barbara Ellison holds a Warranty Deed to the property, a copy of which is available here as Reference 23.

An examination of Ellison's warranty deed reveals the specifications of the Ellison property, and clearly shows that the parcel owned by Barbara Ellison consists of two tracts of land.. One tract of land, "1.004 acres more or less", and the other smaller tract of land, ".1504 acres more or less". The north section of The Fence of LeFlore County was on the acre tract, and the south section was on the old county roadbed which lies immediately south of the acre tract and adjacent to that acre tract. That old roadbed is still owned by LeFlore County. There is nothing between the old county roadbed and Barbara Ellison's property. No other private party holds legal title to any part of the land upon which The Fence of LeFlore County was located.

That the description and specifications of the property did not change in the slightest between the time of the mortgage referenced above and the sale of the Elmore property to Barbara Ellison speaks volumes and is some the best evidence yet of the facts of the matter of both the small claims case and The Fence of LeFlore County, Oklahoma.

Now, let's take a little trip back in time to April 14, 1945. On that date Elizabeth A. Beels and her husband C. C. A. Beels of Tulsa, Oklahoma sold to Virgil Earls a large parcel of land in LeFlore County, Oklahoma. The warranty deed was recorded in the office of Clerk of LeFlore County on May 5, 1945. This land sale involved what is now the Ellison property and much of that of her neighbors. To view this warranty deed see Reference 24.

Jumping forward in time 5 years to May 26, 1950, Virgil Earls and his wife Jewell Earls granted to LeFlore County, Oklahoma a perpetual easement "across, over and under" the Earls property. To view a copy of the Earls Easement see Reference 25.

This perpetual easement, granted to LeFlore County by the Earls, was to accommodate the construction of a county owned roadway. A county owned roadway which is now referred to as the "old road". This roadway and the associated perpetual easement are in part adjacent to what is now the Ellison property, they are located immediately south of Ellison tracts.

For those 'hard heads' of LeFlore County that fail to grasp the concept of perpetual we have taken the liberty of providing a couple of references:

Dictionary.com
Merriam-Webster Online Dictionary.com

The primary definitions of the word perpetual are, "Lasting for eternity" and "continuing forever" from the above references respectively.

Clearly there is nothing between the perpetual easement granted in 1950 by the Earls and the south end of the Ellison property, as the now Ellison property was a part of the Earls property at the time the perpetual easement was taken from it. Therefore it's not only impossible but totally fraudulent for anyone to claim they own any property between the two as the easement and Ellison property are abutting at the south boundary of the Ellison tracts.

Speaking of fraudulent, in subsequent articles in this series the issues of fraudulent quiet titles, bogus petitions and quit claim deeds will be covered in detail.

It is not possible for this writer to state as fact that the Belva Brooks Barber who was a party to the Cynthia Elmore mortgage is the same Belva Brooks Barber who is attorney of record in the small claims suit referenced above. For all we know there may be two or more persons with the name Belva Brooks Barber residing and using the same post office box in Poteau, Oklahoma.

What do you reckon the odds are of that being the case?

In any case, the opinion of this writer is that had the small claims case gone to trial a strong possibility exists that documents signed by the plaintiff's attorney of record would have been part of the best evidence to lay to rest forever not only the small claims case but also the arguments, doubts and questions regarding The Fence of LeFlore County.

It is also the strongly held opinion of this writer that the view expressed in the above paragraph is exactly why the small claims case went belly up so suddenly and why Barbara Ellison herself was not named as a defendant in the small claims case.

Also, the taxpayers of LeFlore County deserve to know if, and if so, why their Undersheriff saw fit to stop and demand the names and addresses of persons performing lawful and needed work abating a public nuisance, as clearly no law was being broken and no one was in any apparent danger, criminal or otherwise. So the next time you see Undersheriff Bruce Curnutt why not ask him? And while you are at it you might also want to ask him if he supplied the names and addresses of those abating The Fence of LeFlore County to the plaintiff in the small claims lawsuit referenced above.

We at Bubbaworld urge the citizens of LeFlore County, Oklahoma to wake up, wise up and stand up for what is right and just and to join with Barbara Ellison in her fight for justice, not only for herself but for all residents of LeFlore County.

To those individuals who took the risks and did the hard work in abating the public and private nuisance that was The Fence of LeFlore County, Oklahoma I salute you. Your numbers are few but your courage and dedication to doing the right thing are to be admired and hopefully emulated by more residents of LeFlore County. Please take heart in knowing that your risks, worries and hard work are appreciated by decent people far and wide. As more rocks are kicked over and more bright lights are turned on, we are all watching to see what scurries for cover in LeFlore County, Oklahoma.

In this article we have presented only a small part of the evidence which not only refutes false claims against Barbara Ellison and her property but which also inescapably proves she is right and has been right all along in her contention that the property immediately south of hers was and still is the property of LeFlore County, Oklahoma and not the property of any private individual. There's more, much more documentary evidence in the possession of the webmaster of Bubbaworld and we are in it for the long haul and will keep exposing the fraud, lies and shady deals of LeFlore County, Oklahoma until such time as justice has been served. So be sure and check back often for more 'dirt' from the land grabs of LeFlore County, Oklahoma.

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