JOHNSON, J.
This is the third appeal considered by this court involving the identical property and litigants. See Sabin v. Levorsen, 184 Okla. 305, 87 P.2d 138; Sabin v. Levorsen, 193 Okla. 320, 145 P.2d 402; Certiorari denied 320 U.S. 815, 88 L.Ed. 492, 64 S.Ct. 368. For further statement of facts see these cases.
The present action was filed February 21, 1941, dismissed without prejudice September 24, 1941, and then refiled September 22, 1942. The petition...
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