Opinion
No. 31726.
May 2, 1944.
(Syllabus.)
APPEAL AND ERROR — Reversal and remand in accordance with stipulation.
Where, pending an appeal, the parties enter into a settlement and file a stipulation to that effect, this court may examine the proceeding and reverse and remand the cause in accordance with said stipulation.
Appeal from District Court, Caddo County; O.C. Wybrant, Judge.
Action to determine an interest in an oil and gas lease. From a judgment in favor of Pearl Garner Ray et al., Ollie Garner appeals. Reversed and remanded, with directions.
Sam L. Wilhite, of Anadarko, for plaintiff in error.
Pruett Wamsley, of Anadarko, for defendants in error.
This appeal was filed February 3, 1944, and thereafter, on April 17, 1944, a stipulation was filed herein by which it is made to appear that the parties have adjusted and settled the cause and agreed that the judgment of the trial court may be entered in accordance with said stipulation.
The cause is reversed and remanded, with directions to modify the judgment in accordance with the stipulation filed April 17, 1944.
CORN, C. J., GIBSON, V.C.J., and OSBORN, BAYLESS, WELCH, HURST, and DAVISON, JJ., concur.