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EARLEY et al. v. BAUGHMAN et al.

(Syllabus.)

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.

PER CURIAM.

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.

Reversed, with directions to dismiss the cause.

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

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EARLY v. BAUGHMAN
(Nov 3, 1948)