(Syllabus.)
Appeal and Error — Reversal upon Confession of Error.
Where the plaintiffs in error have filed briefs in a cause appealed to this court and the authorities cited therein seem to support the proposition relied upon, and the defendants in error have filed confession of error, the judgment of the trial court may be reversed.
PER CURIAM.
This is an appeal from the judgment of the district court of McIntosh county awarding possession of real estate and quieting title thereto. From the judgment plaintiffs in error appeal and defendant in error filed his cross-petition in error.
The plaintiffs in error have filed their brief, and the authorities cited reasonably support the contention of plaintiffs in error. Defendant in error dismissed his cross-petition in error and filed in this court his confession of error. Under this condition of the record in this cause the judgment of the trial court will be reversed and the cause! remanded for a new trial. Holmes v. Board of Commissioners Osage County, 132 Okla. 297, 270 P. 564; Adams v. Powers, 87 Okla. 80, 209 P. 395.
It is so ordered.