Opinion
No. 26549.
March 3, 1936.
(Syllabus.)
Appeal and Error — Reversal Upon Confession of Error.
Where, upon appeal, defendant in error confesses error, the judgment of the trial court will be reversed and the cause remanded. Nelson v. Jones, 133 Okla. 92, 271 P. 240.
Appeal from Superior Court, Okmulgee County; Harland A. Carter, Judge.
Action by J.C. Estes against Ray Kelley et al. for possession of real estate. From an order vacating and setting aside judgment, plaintiff appeals. Reversed and remanded, with directions.
G.L. Bynum, for plaintiff in error.
T.J. Lillard, for defendants in error.
On February 11, 1935, the trial court vacated and set aside a judgment entered on October 12, 1934. The petition in error with case-made attached was filed August 10, 1935, and brief of plaintiff in error filed January 29, 1936.
On the 31st day of January, 1936, defendants in error filed confession of error. The cause is therefore reversed and remanded, with directions to vacate and set aside the judgment vacating the former judgment of the court and to reinstate the judgment rendered October 12, 1934.
McNEILL, C. J., and BAYLESS, WELCH, CORN, and GIBSON, JJ., concur.