EARLEY v. BAUGHMAN

EARLEY v. BAUGHMAN
1948 OK 237
199 P.2d 210
200 Okla. 649
Case Number: 33743
Decided: 11/03/1948
Supreme Court of Oklahoma

Syllabus

¶0 APPEAL AND ERROR - Reversal and remand of cause in accordance with confession of error.
Where the defendants in error file a confession of error which is reasonably sustained by the record, this court may reverse and remand the cause in accordance with the confession of error.

Appeal from District Court Oklahoma County; Lewis R. Morris, Judge.

Action by Iris M. Baughman and H.W. Simms against Edward Earley et al. From a judgment in favor of the plaintiffs, the defendants appeal. Reversed.

Herbert K. Hyde and Lee Williams, both of Oklahoma City, for plaintiffs in error.

Deupree & Lynn and Hal D. Leaming, all of Oklahoma City, for defendants in error.

PER CURIAM.

¶1 This is an appeal by the defendants, Edward Earley et al., from a judgment enforcing a restrictive covenant against the sale of real property to members of the Negro race. The defendants in error have filed herein a confession of error, citing in support thereof Shelley v. Kraemer, 92 L. Ed. 845, which case was decided after the rendition of the judgment appealed from. The confession of error is reasonably sustained by the record, and the judgment should be reversed. Public Service Co. v. City of Vinita, 192 Okla. 291, 135 P.2d 57.

¶2 Reversed, with directions to dismiss the cause.

¶3 HURST, C. J., DAVISON, V. C. J., and RILEY, GIBSON, and LUTTRELL, JJ., concur.