Supreme Court of Oklahoma June 22, 1908, No. 2041, Okla. T. (Hammer v. Rogers)

Williams, C. J.

(after stating the facts as above). Plaintiff

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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.