192 P. 208 | Okla. | 1920
Plaintiffs in error, as plaintiffs below, commenced this action against the defendant in error, defendant below, in the district court, to have a deed executed by them to defendant on July 25, 1914, adjudged to be a mortgage, and that they be permitted to redeem by paying the mortgage, indebtedness, etc. The defendant's demurrer to plaintiffs' evidence was sustained, and judgment entered in favor of defendant.
It is firmly settled by the decisions of this court that a demurrer by a defendant to the plaintiffs' evidence admits the truth of all the plaintiff's evidence, together with such inferences and conclusions as may reasonably be drawn therefrom. Flesher v. Callahan,
The judgment of the trial court is reversed on the authority of Bailey v. Privett, 64 Oklahoma,
RAINEY, C.J., HARRISON, V. C.J., and KANE, PITCHFORD, JOHNSON, and McNEILL, JJ., concur.