Opinion
No. 27566.
July 16, 1940. Rehearing Denied September 10, 1940.
(Syllabus.)
STATUTES — MORTGAGES — JUDGMENT — Syllabus adopted.
The syllabus in Ciesler v. Simpson, 187 Okla. 641, 105 P.2d 227, is adopted as the syllabus in this case.
Appeal from District Court, Marshall County; J.I. Goins, Judge.
Action by C.E. Sykes, P.E. Rast, and C.H. Brewer against W.C. Ciesler. Judgment for plaintiffs, and defendant appeals. Reversed and demanded, with directions.
Reuel W. Little, of Madill, for plaintiff in error.
Don Welch, of Madill, for defendants in error.
This is a companion case to Ciesler v. Simpson, 187 Okla. 641, 105 P.2d 227. The parties have filed a stipulation to the effect that the decision in that case shall be controlling in this case, and in accordance with that agreement the judgment appealed from is reversed, with directions to enter judgment for the defendant.
BAYLESS, C. J., and OSBORN, DAVISON, and DANNER, JJ., concur. RILEY and GIBSON, JJ., dissent. WELCH, V. C. J., and CORN, J., absent.