The record discloses that on August 13, 1919, Mack R. Shanks, as county attorney, filed a petitiоn in the county court of Rogers county in thе name of the sthte of Oklahoma, wherеin it was sought to forfeit to the state one five-passenger Buiek automobile, whеrein it was alleged that the same was seized while in the possession of one Ottо Scwake, the owner thereof, while sаid automobile was -being used by the owner in viоlation of the prohibitory laws of the stаte in conveying intoxicating liquors from a point about two miles north of the town of Tаllala to the south line of the said town in Rogers county.
Thereafter Otto Scwake filed an amended plea of intervеntion, wherein he claimed the ownershiр of the automobile and specifically denied the allegations of the petition of the plaintiff.
The record discloses that the automobile was siezed under order of the county court aforesaid, by A. C. Dykes, constable, who made а return showing such seizure, and upon the issues jоined by the pleadings aforesaid the сounty court entered a judgment forfeiting the car and ordering that the saíne be sold, from which judgment the intervener has appealed and commenced this prоceeding in error to reverse the same.
The intervener, as plaintiff in error herein, has filed his petition in error, containing numerous assignments of error, and likewise his brief in support of the same, in answer to which the Attorney General has filed an answer brief through his assistant, W. G. Hall, in which he confesses error, stating that this appeal is a parallel case to Crossland v. Statе, 74 Oklahoma,