Opinion
No. 20095
Opinion Filed April 26, 1932. Rehearing Denied June 21, 1932.
(Syllabus.)
1. Appeal and Error — Review of Equity Case — Insufficiency of Evidence.
This court, on appeal in a purely equitable action, will weigh the evidence and will reverse the judgment of the trial court if against the clear weight thereof.
2. Cancellation of Instruments — Action to Cancel Mineral Deeds — Interveners Held Innocent Purchasers.
Record examined; held, the finding of the trial court that interveners were not innocent purchasers is not sustained by the evidence.
Appeal from District Court, Muskogee County; E.A. Summers, Judge.
Action by Hagar Barnett against Philip Boyle; R.J. Edwards and another intervening. Judgment for plaintiff, and defendant and interveners appeal. Reversed and remanded, with directions.
Ames, Cochran, Ames, Monnet, for plaintiffs in error.
C.A. Chandler, E.D. Turnage, and Wm. Blake, for defendant in error.
This is an action by Hagar Barnett against Philip Boyle to cancel certain mineral deeds executed by her, because of alleged fraud practiced upon her. R.J. Edwards and K.W. Dawson, by permission of the court, intervened and claimed the rights here involved as innocent purchasers. The trial court found in favor of plaintiff and entered judgment canceling the deeds. Defendant and interveners have appealed, and assert that the judgment is contrary to law and not sustained by the evidence.
The facts here involved are identical with those in the case of Philip Boyle et al. v. Sequoyah Barnett, 158 Okla. 85, 12 P.2d 217, this day decided. Under the authority of that case, the judgment is reversed and the cause remanded, with directions to enter judgment in favor of interveners.
LESTER, C. J., and RILEY, SWINDALL, and McNEILL, JJ., concur. CLARK, V. C. J., and CULLISON and ANDREWS, JJ., absent. KORNEGAY, J., dissents.
Note. — See under (1), 2 R. C. L. 202, 203; R. C. L. Perm. Supp. p. 376; R. C. L. Pocket Part, title Appeal, § 172.