Keller v. Hawk

Opinion of the court by

BurROKD, C. J.:

But one question is presented by the record in this ease. Was the defendant entitled to a second trial under the provisions of Sec. 4792, Wilson’s Stat. civil code, sec. .594 ? Th.e plaintiff, Hawk, brought his' action in the district court of Cleveland county against the defendant, Keller. In his petition he alleges that he is the owner of and holds the legal title to certain real estate, situate in the town of Lexington, Cleveland county, Oklahoma Territorythat he is entitled to the possession of said lots, and that the defendant has possession and has…