Hammer v. Rogers
Supreme Court of Oklahoma
Error from District Court, Garfield County; C. F. Irwin, Judge. Action for recovery of real property by Albert Hammer against Fred S. Eogers and others. Judgment for defendants, and plaintiff brings error.
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Error from District Court, Garfield County; C. F. Irwin, Judge. Action for recovery of real property by Albert Hammer against Fred S. Eogers and others. Judgment for defendants, and plaintiff brings error. On the 19th day of May, A. E. 1903, the plaintiff in error, as plaintiff, commenced his action against the defendants in error, as defendants, in the district court of Garfield county, territory of Oklahoma, by filing therein his petition, whch alleges that, on the 3d day of July, A. E. 1901, he was, and ever since has been, and is now, the equitable owner of certain real estate situated in…
1Opinion of the CourtWilliams, C. J.
(after stating the facts as above). Plaintiff in error contends that, in suits for the recovery of possession of real property, the unsuccessful party is entitled to a second trial, regardless of the kind or character of the action, whether legal or equitable, so long as the real question at issue is a trial of the title to said real estate and the right of possession thereof. Section 4792, Wilson’s Eev. & Ann. St. 1903.(section 594, Civ. Code), provides:
“In an action for the recovery of real property the party against whom judgment is rendered may at any time during the term at which the…
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