Stumpff v. Harper

This is the third time this ease has been appealed to this court. The first appeal was entitled Stumpff v. Price, reported in 74 Oklahoma, 177 Pac. 109. The next appeal was entitled Harper v. Stumpff, reported in 84 Okla. 187, 203 Pac. 194. The facts and issues have been sufficiently set forth in the preceding appeals, therefore we deem it unnecessary to reiterate them here.

Prior to the appeal in Harper v. Stumpff, supra, two jury trials were had and two judgments rendered. On March 17, 3920, a jury was impaneled and sworn to try the cause, and it was there agreed that only the ejectment…